City of Wasco City Council Meeting Agenda, July 1, 2025
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compliance with the Americans with Disabilities Act (ADA), if you need special assistance to participate in the City Council meeting, please contact the City Clerk Department at 661-758-7215 or via email at [email protected] within 48 hours of the meeting or sooner.
Th
e following is provided to assist with public participation:
AGENDA AVAILABILITY : T he City Council Agenda is posted on the bulletin board at the entrance of City Hall, 746 8th Street, Wasco, at the entrance of 764 E Street, Wasco, and at the entrance of the Wasco Police Department’s Office, 748 F Street, Wasco. The agenda packet, meeting minutes, and archived City Council meetings are available on the City’s website, www.cityofwasco.org.
AGENDA MATERIALS: Cit y Council agenda materials are released no later than 72 hours prior to a meeting and are available to the public at the City Clerk’s Office, 746 8th Street, Wasco, CA, in a public binder at each City Council meeting, and on the City’s website at https://www.cityofwasco.org/AgendaCenter
PUBLIC COMMENTS: A
ll public comments are subject to a 2 -minute limit, and a maximum of thirty (30) minutes will be allowed for any subject. To provide your comments to the City Councilmembers regarding matters not on the agenda or a specific item on the agenda, you may address your comments IN PERSON. Before making your presentation, you will be asked to state your name for the record . If you would like to submit a written public comment, please email the City Clerk at [email protected] no later than 4 :00 p.m. on July 1, 2025. Please clearly indicate which agenda item number your comments pertain to. Every effort will be made to read your comment into the record. If a comment is received after the specific time mentioned above but before the meeting is adjourned, the comment will still be included as part of the record of the meeting. Still, it will not be read into the record.
Pl
ease be advised that communicati ons directed to the City Council are public records and are subject to disclosure pursuant to the California Public Records Act and Brown Act unless AGENDA
Regular City Council Meeting,
Successor Agency to the
Former Redevelopment Agency and the
Wasco Public Finance Authority
Tuesday, July 1, 2025 – 6:00 pm.
Council Chambers
746 8th Street, Wasco, CA 93280
www.cityofwasco.org
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City of Wasco City Council Meeting Agenda, July 1, 2025 exempt from disclosure under the applicable law. Communications will NOT be edited for redactions and will be printed/posted as submitted.
SPANISH INTERPRETATION: If you need an interpretation of your communications to the City Council from Spanish into English, please get in touch with the City Clerk Department at 661- 758-7215 or via email at [email protected]. Subject to availability, notifying the City at least 48 hours before will usually enable it to make arrangements.
INTERPRETACIÓN EN ESPAÑOL: Si necesita una interpretación de sus com unicaciones al Concejo Municipal del español al inglés, comuníquese con el Departamento del Secretari o de la Ciudad al 661 -758-7215 o por correo electrónico a [email protected] . La notificación de al menos 48 horas generalmente permitirá a la Ciudad hacer arreglos. Sujeto a dis
ponibilidad.
REGULAR MEETING – 6:00 pm
1) CALL TO ORDER: Mayor
2) ROLL CALL: Mayor Medina, Mayor Pro Tem Saldaña, Council Members: Martinez, Raya, Reyna
3) FLAG SALUTE: by Mayor Medina
4) INVOCATION: by
5) APPROVAL OF AGENDA:
6) PRESENTATIONS:
a. Recognition Connie Bernal
b. Homeless Outreach Coordinator Status Report
7) PUBLIC COMMENTS ON ITEMS NOT ON THE AGENDA:
This portion of the meeting is reserved for persons desiring to address the Council , including the Council acting as the Governing Board for the Successor Agency on any matter not on this agenda over which the Council and Successor Agency have jurisdiction. Speakers are li mited to two (2) minutes. A maximum of Thirty (30) minutes will be allowed for any one subject. Please state your name for the record before making yo
ur presentation.
BROWN ACT REQUIREMENTS: The Brown Act does not allow action or Discussion on items not on the agenda (subject to narrow exce ptions). This will limit a Councilmember’s response to questions and requests during this comment period. 8) SUCCESSOR AGENCY BUSINESS: None
9) WASCO PUBLIC FINANCE AUTHORITY BUSINESS: None
10) PUBLIC SAFETY REPORTS
a. Kern County Fire Department (Appleton)
b. Wasco Police Department (Fivecoat)
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City of Wasco City Council Meeting Agenda, July 1, 2025 CITY COUNCIL BUSINESS:
11) CONSENT CALENDAR:
The Consent Calendar consists of items that are routine and noncontroversial, in the staff's opinion. These items are approved in one motion unless a Council Member or member of the public requests the removal of a particular item.
a. Receive and File department payments totaling $ 771,141.46
b. Approval of City Council Minutes for:
1. June 3, 2025, Regular Meeting
2. June 17, 2025, Regular Meeting
c. Council finds this action is not a “project” defined under section 15378 of the CEQA Guidelines; Approval of Travel Expenses Exceeding $500.00 per trip for the Administrative Manager/City Clerk and the Executive Assistant I/Deputy City Clerk to attend the California Municipal Clerks Association CMCA Annual Conference on April 29– May 1, 2026, in Anaheim, California.
d. Council finds this action is not a “project” defined under section 15378 of the CEQA Guidelines;
Adopt a Resolution Authorizing the City Manager or Designee to Accept the Grant Award of $148,142.00 and Execute a Grant Agreement, Budget Appropriations, a nd any Amendments t hereto for Fiscal Year 2025-2026 for the Cannabis Tax Fund Grant Program ( CTFGP) from the California Highway Patrol (CHP).
e. Council finds this action is not a “project” defined under section 15378 of the CEQA Guidelines; Adopt a Resolution Authorizing the City Manager or Designee to Accept the Grant Award of $48,085.00 and Execute the Grant Agreement, Budget Appropriations, Certifications and Assurances for the Fiscal Year 2025 -2026 California State of Good Repair (SGR) Program.
f. Council finds this action is not a “project” defined under section 15378 of the CEQA Guidelines; Approval of Travel and Training Expenses Exceeding $500.00 per trip for the Human Resources Manager to attend the California Public Employers Labor Relations Association (CALPELRA) 2024 Annual Training Conference on November 18 - 21, 2025, in Monterey, CA.
g. Council finds this action is not a “project” defined under section 15378 of the CEQA Guidelines; Adopt a Resolution Authorizing the City Manager or Designee to Sign and Execute a Purchase Order with TrailersPlus Bakersfield for a Purchase of T wo Dump Trailers for a total amount not to exceed $22,000.00.
h. Council finds this action is not a “project” defined under section 15378 of the CEQA Guidelines; Approval of Travel and Training Expenses Exceeding $500.00 for a Police Officer to attend the California Comm ission of Police Officer Standards POST Homicide Investigation Course scheduled for July 7 - 18, 2025, in McClellan, CA.
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City of Wasco City Council Meeting Agenda, July 1, 2025 i. Council finds this action is not a “project” defined under section 15378 of the CEQA Guidelines; Approval of the acceptance of the Cen tral Avenue Rehabilitation Project and authorizes the City Clerk to file the Notice of Completion.
j. Council finds this action is not a “project” defined under section 15378 of the CEQA Guidelines; Adopt a Resolution Authorizing t he City Manager or designe e to Endorse and enter into an Agreement with BHT Engineering, Inc. for the design phase of the Filburn Avenue WEST CMAQ Project in an amount not to exceed $86,697.50 and allowing the City Manager to execute Contract Change Orders in an amount not to exceed an aggregate of $15,000.00.
k. Council finds this action is not a “project” defined under section 15378 of the CEQA Guidelines; Adopt a Resolution Authorizing the City Manager or Designee to Endorse and Enter into an Agreement with BHT Engineering, Inc. for the Design Phase of the Filburn Avenue EAST CMAQ Project in an Amount not to Exceed $85,922.50 and allowing the City Manager to Execute Contract Change Orders in an Amount not to Exceed an Aggregate of $15,000.00.
l. Council finds this action is not a “project” defined under section 15378 of the CEQA Guidelines; Accept and file the City of Wasco Triennial Performance Audit for Fiscal Years 2021/2022 through 2023/2024.
12) PUBLIC HEARINGS:
a. Council finds this action is not a “project” defined under section 15378 of the CEQA Guidelines; Public Hearing and Reporting on City of Wasco Vacancies, Recruitment, and Retention Efforts to Comply with Assembly Bill 2561. (Hurlbert) 13) DEFERRED BUSINESS: None
14) NEW BUSINESS:
a. Council finds this is not a “project” defined under section 15378 of the CEQA Guidelines; Adopt a Resolution Approving Amending the Employment Agreements between Kameron Arnold, Charles V. Fivecoat, Maria Lara, and the City of Wasco. (Hurlbert)
b. Council finds this is not a “pr oject” defined under section 15378 of the CEQA Guidelines; Adopt a Resolution Approving the Amended Salary Schedule for the Fiscal Year 202 5-2026 in Compliance with the California Public Employees’ Retirement System (CalPERS) Requirement for Publicly Available Pay Schedules. (Hurlbert)
c. Council finds this is not a “project” defined under section 15378 of the CEQA Guidelines; Adopt a Resolution reaffirming Resolution No. 2025-4225, Approving the City’s Fiscal Year 2025–2026 Annual Operating Budget and the Five-Year 2025–2030 Capital Improvement Program in Compliance with AB 2561 Vacancy Reporting Requirements (Hurlbert)
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City of Wasco City Council Meeting Agenda, July 1, 2025
15) REPORTS FROM COMMISSIONS AND COMMITTEES:
a. Kern Economic Development Corporation (Medina)
b. Kern Council of Governments (Reyna)
c. Wasco Task Force (Saldaña and Medina)
16) REPORTS FROM THE CITY MANAGER:
17) REPORTS FROM THE CITY COUNCIL:
18) CLOSED SESSION:
a. Closed Session Minutes for June 17, 2025.
b. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION 54956.9 (d)(1) Name of Case: Amerivet Contracting, a California Corporation
c. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION 54956.9 (d)(1) Name of Case: LEO Towing
d. PUBLIC EMPLOYEE PERFORMANCE EVALUATION – City Manager per Government Code Section 54957
19) CLOSED SESSION ACTION:
20) ADJOURNMENT:
This is to certify that this agenda was posted at Wasco City Hall on June 28, 2025, on/or before 6:00 p.m. The agenda is also available on the City website at www.cityofwasco.org.
_________________________________
Maria O. Martinez, CMC
City Clerk
All agenda item supporting documentation is available for public review o n the city website , www.cityofwasco.org, and the office of the City Clerk of the City of Wasco, 746 8 th Street, Wasco, CA 93280 , during regular business hours, 8:00 am – 4:30 pm Monday through Thursday and 8:30 am – 4:30 pm Friday (closed alternate Friday's), following the posting of the agenda. Any supporting documentation related to an agenda item for an open session of any regular meeting that is distributed after the agenda is posted and prior to the meeting will also be available for review at the same location and available at the meeting. Please remember to turn off all cell phones, pagers, or electronic devices during Council meetings.
The City of Wasco does not discriminate on the basis of disability in access to, provision of, or employment in its programs and activities pursuant to 29 United States Code Section 12132 and California Civil Code Section 54.
The City Clerk's Office can provide information regarding the rights provided under the Americans with Disabilities Act (ADA).
If you need special assistance to participate in this meeting, please contact the City Clerk's Office at (661) 758- 7215 to make reasonable arrangements to ensure accessibility to this meeting.
Telephone (661) 758 -7215.
Requests for assistance should be made at least two (2) days in advance whenever possible.
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WARRANTS AMOUNTS
A060625 10,483.95
G060925 84,601.71
G061025 26,013.20
G061125 51,853.90
G061625 33,560.41
G061725 34,715.00
G061825 529,761.80
R061125 151.49 Verified By:
Grand Total 771,141.46 Finance Director WARRANT VENDOR NAME VENDOR No. INVOICE No. CHECK No. DESCRIPTION AMOUNTS 1 A060625 BEYOND6, LLC 6209 664739671 5602 COMPRESSED NATURAL GAS 2,608.61 2 A060625 NAVIA BENEFIT SOLUTIONS 5664 060225 5603 MEDICAL CHECK RUN 060225 5,065.23 3 A060625 NAVIA BENEFIT SOLUTIONS 5664 A1038328 5603 JUNE 25:HRA/MERP ADMIN & BROKER FEES 2,175.00 4 A060625 NAVIA BENEFIT SOLUTIONS 5664 FSA 053025 5603 HEALTH CARE FSA 053025 192.31 5 A060625 NAVIA BENEFIT SOLUTIONS 5664 10973637 5603 APR 25: PARTICIPANT FEE 221.40 6 A060625 NAVIA BENEFIT SOLUTIONS 5664 10982083 5603 MAY 25: PARTICIPANT FEE 221.40 7 A060625 Total 10,483.95
8 G060925 ALERTMEDIA 5946 INV26678 30492 CITY MASS NOTIFICATION PLATFORM 11,213.64 9 G060925 AMAZON CAPITAL SERVICES, INC 4968 1YPL-L69P-6H3G 30493 CELL PHONE AND BATTERY FOR TRANSIT 124.22 10 G060925 ASPECT ENGINEERING 5829 25-13441 30494 5/19/25 TO 5/21/25:"" AUTO ANALYST T&M SUPPORT 420.00 11 G060925 BANK UP CORPORATION 4259 6736 30495 MAY 25: LOCKBOX PROCESSING 786.19 12 G060925 BSK & ASSOCIATES, INC. 1052 BI00873 30496 WATER QUALITY TESTING LAB SERVICES 1,353.00 13 G060925 BSK & ASSOCIATES, INC. 1052 BI00874 30496 WASTEWATER TESTING LAB SERVICES 1,744.14 14 G060925 CLEAN STRIDE LLC 5289 16395 30497 MAY 2025: JANITORIAL SERVICES 5,141.85 15 G060925 CODE PUBLISHING COMPANY 2775 GC00127869 30498 ANNUAL WEB FEES 680.00 16 G060925 CORE & MAIN LP 4704 X065045 30499 12'' COUPLERS FOR EMERGENCY MAIN REPAIR ON J ST 3,020.18 17 G060925 DELL INC. 1513 10813174388 30500 REPLACE DAMAGED SCADA MACHINE 5,405.74 18 G060925 DIAMOND TECHNOLOGIES, INC. 2724 38047 30501 24047-0: POINT TO POINT NETWORK PAL 145.00 19 G060925 DIESEL LAPTOPS, LLC 5113 #INV173887 30502 SOFTWARE: CUMMINS V8 PRO RENEWAL 12 MONTH LICEN 1,545.00 20 G060925 DUTHIE POWER SERVICE 5977 A142154 30503 COMPLETED ANNUAL PREVENTATIVE MAINT. SERVICE 150KW 765.32 21 G060925 DUTHIE POWER SERVICE 5977 A142155 30503 COMPLETED ANNUAL PREVENTATIVE MAINT. SERVICE 150KW 765.32 22 G060925 DUTHIE POWER SERVICE 5977 A142160 30503 COMPLETED ANNUAL PREVENTATIVE MAINT. SERVICE 175KW 819.33 23 G060925 DUTHIE POWER SERVICE 5977 A142161 30503 COMPLETED ANNUAL PREVENTATIVE MAINT. SERVICE 300KW 891.38 24 G060925 DUTHIE POWER SERVICE 5977 A142153 30503 COMPLETED ANNUAL PREVENTATIVE MAINT. SERVICE 125KW 765.32 25 G060925 DUTHIE POWER SERVICE 5977 A142156 30503 COMPLETED ANNUAL PREVENTATIVE MAINT. SERVICE 250KW 884.41 26 G060925 DUTHIE POWER SERVICE 5977 A142157 30503 COMPLETED ANNUAL PREVENTATIVE MAINT. SERVICE 35KW 650.13 27 G060925 DUTHIE POWER SERVICE 5977 A142158 30503 COMPLETED ANNUAL PREVENTATIVE MAINT. SERVICE 60KW 721.38 28 G060925 DUTHIE POWER SERVICE 5977 a142159 30503 COMPLETED ANNUAL PREVENTATIVE MAINT. SERVICE 175KW 765.32 29 G060925 DUTHIE POWER SERVICE 5977 A142162 30503 COMPLETED ANNUAL PREVENTATIVE MAINT. SERVICE 450KW 1,548.47 30 G060925 HOLIDAY OUTDOOR DECOR 5388 INV19877 30504 VETERAN BANNERS FOR 2025 972.50 31 G060925 JEFFRIES BROS., INC 140 171352 30505 PROPANE (NON HIGHWAY USE) 37.28 32 G060925 KERN COUNTY WASTE MANAGEMENT DEPT. 19 49808-IN 30506 4/2/25 - 4/28/25 STREET SWEEPINGS 2,869.21 33 G060925 KNIGHT'S SITE SERVICES, INC 1075 0000237329 30507 5/27/25-6/23/25: GREEN WASTE RECYCLING 77.06 34 G060925 MARTIN, PARIS, AND MULLINS LLC 5976 2025-30 30508 BACKGROUND INVESTIGATION 2,000.00 35 G060925 O'REILLY AUTO ENTERPRISES, LLC 4230 4936-25522 30509 DAR VEH #60: OIL AND AIR FILTER 22.23 36 G060925 O'REILLY AUTO ENTERPRISES, LLC 4230 4936-255579 30509 STREET VEH #32: CABIN FILTER 62.53 As of June 25th, 2025
Bill Pay
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WARRANT VENDOR NAME VENDOR No. INVOICE No. CHECK No. DESCRIPTION AMOUNTS 37 G060925 P & J ELECTRIC, INC. 66 9344 30510 WWTP- POPLAR, BAY MEADOW LIFT STATION, GOLF COURSE 1,893.77 38 G060925 PG & E COMPANY 85 2867383297-9 052825 30511 UB 747 G ST WELL #14 30,066.77 39 G060925 READYREFRESH 4027 35D0018613430 30512 4/15/25-5/14/25: WW 5410 7TH ST WATER SERVICE 349.38 40 G060925 ROBERT HALF 4814 64993119 30513 TEMP SERVICES M.GOMEZ 051625 1,503.60 41 G060925 ROBERT HALF 4814 65006320 30513 TEMP SERVICES M.GOMEZ 052325 1,287.47 42 G060925 SPD PRINTING & ACCURATE SIGNS 6339 4544 30514 PAL POLOS FOR CITY STAFF 232.74 43 G060925 SUNBELT RENTALS, INC 1599 168926894-0001 30515 STR MANLIFT W/JIB & DIESEL FUEL 2,527.65 44 G060925 TAG/AMS, INC 298 3832 30516 PREEMP DOT TEST (2) 205.00 45 G060925 UNITED RENTALS (NORTH AMERICA) INC 452 247291183-002 30517 STUMP GRINDER 20-30HP HYDRAULIC 339.18 46 G060925 Total 84,601.71
47 G061025 AMERICAN BUSINESS MACHINES 608 794123 30547 24047-0:ACCESS CONTROL EQUIPMENT INSTALL PD 26,013.20 48 G061025 Total 26,013.20
49 G061125 ADVANTAGE ANSWERING PLUS 2564 000036-515-651 30518 ANSWERING SERVICE 903.37 50 G061125 AFFINITY TRUCK CENTER 405 f013314570:01 30519 RFS VEH #19: BRAKE HOSE 86.69 51 G061125 AFFINITY TRUCK CENTER 405 F013315017:01 30519 RFS VEH #14: BRAKE DRUM, SHOE KIT, PALLET OF 65152 2,009.42 52 G061125 AFFINITY TRUCK CENTER 405 F013315051:01 30519 RFS VEH #23: WIRING HARNESS 1,367.04 53 G061125 AFFINITY TRUCK CENTER 405 F013315224:01 30519 CREDIT RETURNED SHOE KIT (71.92) 54 G061125 AFLAC 108 355361 30520 JUNE 2025: INSURANCE PREMIUM 582.50 55 G061125 AMAZON CAPITAL SERVICES, INC 4968 1L4F-F64R-69W X 30521 OFFICE SUPPLIES FOR FINANCE 94.15 56 G061125 AMERICAN BUSINESS MACHINES 608 801767 30522 24047-0: CAMERAS AND LABOR FOR PD 2,042.74 57 G061125 AMERICAN BUSINESS MACHINES 608 801771 30522 24047-0: POINT TO POINT FOR PAL 4,055.11 58 G061125 CALLTOWER, INC 5098 202574914 30523 PHONE SERVICES 38.00 59 G061125 CITY OF WASCO-UB PAYMENTS 1875 871409 30524 UB 810 8TH ST (LF) 134.38 60 G061125 CITY OF WASCO-UB PAYMENTS 1875 871411 30524 UB 801 8TH ST 86.98 61 G061125 CITY OF WASCO-UB PAYMENTS 1875 871465 30524 UB 1445 12TH ST 100.58 62 G061125 CITY OF WASCO-UB PAYMENTS 1875 871887 30524 UB 800 BLK CENTRAL 86.98 63 G061125 CITY OF WASCO-UB PAYMENTS 1875 871890 30524 UB 1100 CENTRAL AVE LLMD 06-01 86.98 64 G061125 CITY OF WASCO-UB PAYMENTS 1875 871892 30524 UB 1500 BLK CENTRAL 237.29 65 G061125 CITY OF WASCO-UB PAYMENTS 1875 872052 30524 UB 1600 BLK OF DAISY 91.54 66 G061125 CITY OF WASCO-UB PAYMENTS 1875 872080 30525 UB 603 E 59.39 67 G061125 CITY OF WASCO-UB PAYMENTS 1875 872083 30524 UB 764 E STREET 100.58 68 G061125 CITY OF WASCO-UB PAYMENTS 1875 872158 30524 UB 847 F STREET 279.72 69 G061125 CITY OF WASCO-UB PAYMENTS 1875 872200 30524 UB 1300 BLK OF FILBURN 216.72 70 G061125 CITY OF WASCO-UB PAYMENTS 1875 872207 30524 UB 28704 FILBURN ST 372.31 71 G061125 CITY OF WASCO-UB PAYMENTS 1875 872658 30525 UB NW MAPLE/MARGALO 86.98 72 G061125 CITY OF WASCO-UB PAYMENTS 1875 872659 30525 UB MAPLE/GROMER LLMD 86.98 73 G061125 CITY OF WASCO-UB PAYMENTS 1875 872714 30525 UB 2700 BLK OF MONDAVI CT 86.98 74 G061125 CITY OF WASCO-UB PAYMENTS 1875 872796 30525 UB 1500 BLOCK OF PALM 86.98 75 G061125 CITY OF WASCO-UB PAYMENTS 1875 872811 30525 UB 2100 BLK OF PALM 86.98 76 G061125 CITY OF WASCO-UB PAYMENTS 1875 872813 30525 UB 400 N BLK OF PALM LLMD 86.98 77 G061125 CITY OF WASCO-UB PAYMENTS 1875 872815 30524 UB 1700 BLK OF PALM #A 219.06 78 G061125 CITY OF WASCO-UB PAYMENTS 1875 872845 30524 UB 1200 BLK OF PECAN ST 220.54 79 G061125 CITY OF WASCO-UB PAYMENTS 1875 872849 30524 UB PENELOPE LLMD 101.10 80 G061125 CITY OF WASCO-UB PAYMENTS 1875 872933 30524 UB 1700 BLK OF POPLAR 86.98 81 G061125 CITY OF WASCO-UB PAYMENTS 1875 872934 30524 UB 1700 BLK OF POPLAR 86.98 82 G061125 CITY OF WASCO-UB PAYMENTS 1875 873001 30525 UB 2500 BLK OF POSO DR 86.98 83 G061125 CITY OF WASCO-UB PAYMENTS 1875 873005 30524 UB 2700 BLK OF POSO AVE 114.12 84 G061125 CITY OF WASCO-UB PAYMENTS 1875 873037 30524 UB PALM N.PROSPERITY 89.52 85 G061125 CITY OF WASCO-UB PAYMENTS 1875 873197 30524 UB 1700 BLK OF MARGALO 86.98 86 G061125 CITY OF WASCO-UB PAYMENTS 1875 873443 30524 UB 1300 BLK OF WILLOW 93.98 87 G061125 CITY OF WASCO-UB PAYMENTS 1875 876583 30525 UB 810 8TH STREET 22.83 88 G061125 CITY OF WASCO-UB PAYMENTS 1875 876613 30525 UB 603 E ST 15.32 89 G061125 CITY OF WASCO-UB PAYMENTS 1875 876619 30525 UB 764 E ST (LF) 83.81 90 G061125 CLEAN ENERGY 6010 CEW12785755 30526 CNG #GEN: REPAIRS ON COMPRESSOR 3,707.88 91 G061125 COUNTRY AUTO & TRUCK, INC. 3008 751605 30527 HEAVY DUTY COOLANT 55GL BARREL 757.74 92 G061125 CUMMINS INC 376 Y8-250659157 30528 RFS VEH #25: KIT, SPARK PLUG 352.16 2 of 4
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WARRANT VENDOR NAME VENDOR No. INVOICE No. CHECK No. DESCRIPTION AMOUNTS 93 G061125 GOTO TECHNOLOGIES USA, LLC 6172 IN7103884686 30530 PHONE SERVICES FOR PD 1,049.82 94 G061125 JOHN KULAR CONSULTING 3734 1604 30531 24008-0: STORMWATER MASTER PLAN 1,542.50 95 G061125 KERN COUNTY SUP. OF SCHOOLS 25 060225 30532 MAY 25: SCHOOL FEES 2,244.69 96 G061125 MARIA ROCHA-CASTILLO 6072 REIMB 033025 30533 REIMB NATIONAL NIGHT OUT CANDY 27.05 97 G061125 MELISSA GUZMAN 6342 REIMB 060425 30534 033125 UNFM STIP B691.94 108.06 98 G061125 MWG MESTMAKER 6338 2025 INS 30535 PAL INSURANCE PORTFOLIO 1,428.46 99 G061125 NAGLE EARTHWORKS 5002 121097 30536 24002-1: POSO CMAQ PROJECT INVOICE #5 14,825.94 100 G061125 ONE SOURCE PARTS, LLC DEPT 900 5748 1038509 30538 RFS VEH #19: GRIPPER BUMPER, LIMIT SWITCH, LATCHIN 1,123.72 101 G061125 O'REILLY AUTO ENTERPRISES, LLC 4230 4936-256750 30537 WATER VEH #50: AIR AND OIL FILTER 26.50 102 G061125 O'REILLY AUTO ENTERPRISES, LLC 4230 4936-256297 30537 ENGINEERING VEH #97: FUEL INJ 72.06 103 G061125 O'REILLY AUTO ENTERPRISES, LLC 4230 4936-256751 30537 WATER VEH #53: AIR AND OIL FILTER 34.29 104 G061125 PETERSON AUTO SUPPLY 152 287561 30539 WATER VEH #52: REELCRAFT 1/2NPT, BRASS FITTING 84.41 105 G061125 PG & E COMPANY 85 0206784963-4 060225 30540 747 F ST EV CHARGING STATIONS 1,460.87 106 G061125 PG & E COMPANY 85 3593196785-1 060225 30540 UB NW NE SE 9 27 24 GEN-ANNEX BLD 229.44 107 G061125 QUADIENT FINANCE USA,INC 1844 5408 MAY 25 30541 POSTAGE 100.00 108 G061125 TRADICIONES MARKETS, INC 5259 273 MAY 2025 30529 273 UB PAYMENTS MAY 25 49.14 109 G061125 WASTEQUIP, LLC 372 20INV000748026 30542 METAL BOTOMS, CASTERPLATE BRACKETS, POLY LIDS 6,082.77 110 G061125 WESCO 2051 121971 30543 22012-3: LIGHTING FOR VETERANS PARK 1,755.77 111 G061125 Total 51,853.90
112 G061625 AC POETTEGEN & SON 5874 0000299833 30555 TURBO NOZZLE 53.03 113 G061625 AC POETTEGEN & SON 5874 0000299793 30555 QUICK CONNECT PLUG 3/8"" FNPT 12.10 114 G061625 AC POETTEGEN & SON 5874 0000299976 30555 POLY BARB. 3/8"" ELBOW & COUPLING 18.73 115 G061625 ADVANCED DATA STORAGE INC 6275 0208594 30556 SHREDDING SRVCS 70.00 116 G061625 ASPECT ENGINEERING 5829 25-13409 30557 CONFIGURATION OF NEW SCADA MACHINE AND SEPERATE SC 5,999.90 117 G061625 CALIFORNIA ASSOCATION FOR LOCAL ECONOMIC DEVLPMNT 470 300006195 30558 CM CALED MEMBERSHIP 800.00 118 G061625 CALIFORNIA HIGHWAY PATROL 508 GPPV 2025-2 30554 2025 VIN34773 VEHICLE INSPECTION 50.00 119 G061625 GARDAWORLD 4266 20640387 30559 MAY 25: EXCESSIVE SERVICES 233.28 120 G061625 HOLLOWAY ENVIRONMENTAL SOLUTIONS, LLC. 2651 #INV-HES-3461 30560 MAY LOADS: BIOSOLIDS AND HAULING 666.32 121 G061625 INFO SEND, INC. 4244 288262 30561 STMTS DATA PRCSSNG/PRINT/MAIL 10,376.58 122 G061625 JORGENSEN & CO. 137 6194714 30562 CALIBRATIONS/GAS MONITORS,INSTRUMENT CALIBORATION 205.00 123 G061625 JORGENSEN & CO. 137 6194742 30562 GD SENSOR GEL, REPLACEMENT SENSOR, INSTRUMENT REPA 514.96 124 G061625 KERN COUNTY WASTE MANAGEMENT DEPT. 19 LANDFILL WSP MAY 25 30563 MAY 25: WSP LANDFILL FEES 6,662.49 125 G061625 THE SHAFTER PRESS/ WASCO TRIBUNE 4787 3779 30564 PUBLICAION CUP 25-01 182.70 126 G061625 TPX COMMUNICATIONS 6123 185702190-0 30565 JUNE MICROSOFT SUBSCRIPTIONS FOR PD 931.57 127 G061625 UNIVAR USA INC 111 53030599 30566 WELL #14: 747 G ST, SOD HYPO 12.5% LIQUICHLOR 874.55 128 G061625 UNIVAR USA INC 111 53030602 30566 WELL #7: 4TH AND POPLAR, LIQUICHLOR 715.15 129 G061625 WILEY D. HUGHES SURVEYING, INC. 2638 3157 30567 PARCEL MERGER 24-02 - 1320 ""D"" ST 1,971.00 130 G061625 WILEY D. HUGHES SURVEYING, INC. 2638 3158 30567 PARCEL MERGER 25-01 - 1034*1038 14TH ST 915.00 131 G061625 WILLBANKS ENVIRONMENTAL CONSULTING, INC. 4147 25732 30568 GW REPORTING 2025: 2RD QRT SAMPLING 5/13/25 2,308.05 132 G061625 Total 33,560.41
133 G061725 AUDITOR-CONTROLLER COUNTY CLERK 3149 FY20 TO FY23 30606 REIMBURSE OVERPMT FY20-23 34,715.00 134 G061725 Total 34,715.00
135 G061825 AFFINITY TRUCK CENTER 405 F013315434:01 30569 RFS VEH #15: SEATBELT-SUSPENSION 987.88 136 G061825 AMAZON CAPITAL SERVICES, INC 4968 1PTG-TPWF-NYWW 30570 OFFICE SUPPLIES 70.31 137 G061825 AMAZON CAPITAL SERVICES, INC 4968 1YXF-HYYL-NL4L 30570 OFFICE SUPPLIES 98.25 138 G061825 AMERICAN REFUSE INC 183 350173 30571 JUNE PYMT: RECYCLE 3Y BIN, 801 8TH ST 119.66 139 G061825 BOWMAN ASPHALT, INC. 963 23344 30572 1/2"" TYPE AB RAP PG64 10F 341.75 140 G061825 CHARTER COMMUNICATIONS 68 167751301060725 30573 INTERNET SRVCS ANNEX 144.96 141 G061825 CHARTER COMMUNICATIONS 68 168679001060725 30573 INTERNET SRVCS PD STATION 204.99 142 G061825 CHESTER AVENUE BRAKE 211 01P77450 30574 RFS VEH #21: INV AIR VALVE 492.51 143 G061825 CLARK PEST CONTROL 117 37596623 30575 PEST CONTROL SERV: 5410 7TH ST, 6/5/25 65.00 144 G061825 CLARK PEST CONTROL 117 37596556 30575 JUNE 5TH 2025: 5409 7TH ST PEST SERVICES 65.00 145 G061825 CORE & MAIN LP 4704 X140440 30576 FULL SERVICE REPAIR CLAMPS FOR STOCK TO REPAIR SE 1,071.68 146 G061825 CORE & MAIN LP 4704 X140467 30576 PARTS TO REPAIR AND REPLACE THE FIRE HYDRANT DAMAG 1,268.69 147 G061825 COUNTRY AUTO & TRUCK, INC. 3008 751624 30577 RFS VEH #23: HOSE CLAMP, QUALITY HTR HOSE 113.47 148 G061825 COUNTRY AUTO & TRUCK, INC. 3008 751621 30577 MATERIAL #GEN: VAL TOOL, GAUGE, LETTERING STICK, C 124.95 3 of 4
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WARRANT VENDOR NAME VENDOR No. INVOICE No. CHECK No. DESCRIPTION AMOUNTS 149 G061825 COUNTRY AUTO & TRUCK, INC. 3008 751626 30577 SMALL TOOL #GEN: HOSE END, H-BRAID TUBING, PUMP 2G 175.18 150 G061825 COUNTRY AUTO & TRUCK, INC. 3008 751652 30577 POLICE VEH #P009: FRONT BRAKE ROTORS 182.86 151 G061825 COUNTRY AUTO & TRUCK, INC. 3008 751676 30577 CODE VEH #05: POWER BRAKE BOOSTER VACUUM, GRINDER, 349.15 152 G061825 DELL INC. 1513 10819595430 30578 NEW ENGINEERING DEPT. COMPUTER 2,380.36 153 G061825 EDUARDO ZARAGOZA 6296 REIMB CTAA 2025 30579 MILEAGE FOR CTAA EXPO & CALACT 360.50 154 G061825 GARDAWORLD 4266 10819058 30580 MAY25: ARMORED SRVCS 497.95 155 G061825 INFO SEND, INC. 4244 288478 30581 TCP QTRLY INSERTS 956.50 156 G061825 INFO SEND, INC. 4244 288477 30581 WHS JOB FAIR FLYER INV11134 1,016.84 157 G061825 INTERWEST CONSULTING GROUP, INC. 1571 1820896 30582 PRMT #25-000109 MAY PROF SRVCS 1,254.32 158 G061825 JIM BURKE FORD LINCOLN 134 1619919 30583 CODE VEH #05: CYLINDER 145.12 159 G061825 KERN COUNTY WASTE MANAGEMENT DEPT. 19 50427-IN 30584 WSP: 380-NRGW- NON-RECYCLABLE GREEN WASTE 244.96 160 G061825 KERN COUNTY WASTE MANAGEMENT DEPT. 19 LANDFILL JUNE 25 30584 JUN 25: LANDFILL FEES 19,218.85 161 G061825 KERN PLUMBING & BACK FLOW SERVICES INC 173 16861 30585 NEW BACKFLOW 1,867.31 162 G061825 LeBeau THELEN LLP 3218 1985.014-10 30586 LEGAL SERVICES 975.00 163 G061825 MARTINEZ, MARIA O 4802 REIMB CTAA 2025 30587 MILEAGE FOR CTAA EXPO & CALACT 2025 390.13 164 G061825 NEW HORIZON COMMUNICATION CORP 6015 3101627 30588 PHONE SERVICES FOR PD 1,068.12 165 G061825 OFFICE 1 6328 AR1273024 30589 MAY COPIER METER READING PD #1 215.32 166 G061825 OFFICE 1 6328 AR1273025 30589 MAY COPIER METER READING PD #2 58.15 167 G061825 OFFICE 1 6328 AR1273026 30589 MAY COPIER METER READING PLANNING 223.42 168 G061825 OFFICE 1 6328 AR1273027 30589 MAY COPIER METER READING CITY HALL 174.13 169 G061825 OFFICE 1 6328 AR1273028 30589 MAY COPIER METER READING PW 137.52 170 G061825 ONE SOURCE PARTS, LLC DEPT 900 5748 1038508 30590 RFS VEH #24: SINGLE & DOUBLE HARDOX GRIPPER 1,250.17 171 G061825 OPEN & SHUT ENTERPRISES 6311 110867 30591 HR REPAIR, GATE WAS STUCK OPEN 300.00 172 G061825 P & J ELECTRIC, INC. 66 9414 30592 WASCO WWTP: SECONDARY 3 WAY VALVE 5/19/25 1,438.56 173 G061825 PETERSON AUTO SUPPLY 152 287843 30593 DAR VEH #63: 4GAL OF COOLANT 86.51 174 G061825 PG & E COMPANY 85 2114713176-3 061225 30594 UB STREET LIGHT TRACT 7311-4 FILBURN 33.59 175 G061825 PG & E COMPANY 85 7383005943-9 061225 30594 UB 1ST STREET LIGHT 277.10 176 G061825 PG & E COMPANY 85 2053318492-3 061025 30594 UB SW SE 11 27 24 N/S POSO W/O PALM 3,093.56 177 G061825 PG & E COMPANY 85 2991524925-3 061125 30594 UB 810 8TH ST COURTHOUSE 588.01 178 G061825 PG & E COMPANY 85 4460001408-6 060525 30594 UB CENTRAL AVE & HWY 46 NW 142.82 179 G061825 PG & E COMPANY 85 8365871756-2 061225 30594 UB ANNEXT PARKING 14.73 180 G061825 PG & E COMPANY 85 8702724701-1 060625 30594 UB AGRICULTURE 874.46 181 G061825 PG & E COMPANY 85 5816195239-3 060925 30594 UB MCCOMBS & GRIFFITH WELL #12 27,193.38 182 G061825 RAY GASKIN SERVICE 154 5413 30595 20238-0: NEW TRUCK 2025 E-Z PACK 33YD CNG RANGER 443,156.90 183 G061825 ROBERT HALF 4814 65065804 30596 TEMP SERVICES M.GOMEZ 061025 1,597.77 184 G061825 ROBERT HALF 4814 65050013 30596 TEMP SERVICES M.GOMEZ 053025 1,108.91 185 G061825 SAN JOAQUIN VALLEY AIR POLLUTION CONTROL DISTRICT 1198 S183039 30597 8/1/25-7/31/26- 99 BHP CUMMINS MODEL DIESEL-FIRED 98.00 186 G061825 SC SITE SERVICES LLC 6272 52155 30598 QTR BILLING FOR REPEATER RENTAL 1,350.00 187 G061825 SCHROETER, THOMAS F. 2732 MAY 2025 30599 MAY 25: LEGAL SERVICES 5,050.00 188 G061825 SOUTHERN CALIFORNIA GAS COMPAN Y 1438 164-935-96817 061125 30600 MAY CNG FUEL 19.93 189 G061825 SOUTHERN TIRE MART LLC 5953 7150025383 30601 STREET VEH #78: 1 TIRE 156.17 190 G061825 TAG/AMS, INC 298 4154 30602 PREEMP DOT TEST (1) 95.00 191 G061825 THE GAS COMPANY 246 0812182008 061125 30603 POLICE STATION 748 F ST 8.43 192 G061825 THE GAS COMPANY 246 08331820137 061125 30603 COURTHOUSE 801 FST 22.10 193 G061825 THE GAS COMPANY 246 08961820373 061125 30603 CITY YARD 845 F ST 15.78 194 G061825 UNITED RENTALS (NORTH AMERICA) INC 452 246347928-002 30604 25005-0: ROLLER 24-33 & 1.5 TON, 4/3/25 TO 5/10/25 3,522.83 195 G061825 UNIVAR USA INC 111 53073674 30605 WELL 11: 11TH & OAK, SOD HYPO 12.5% LIQUICHLOR 861.63 196 G061825 UNIVAR USA INC 111 53073675 30605 WELL #8: POSO DR, SOD HYPO 12.5% LIQUID CHLORIDE 344.67 197 G061825 Total 529,761.80
198 R061125 ARIZOCA PEREZ 6343 060625 30544 RFND GREEN CONTAINER 40.00 199 R061125 ARTURO MALANCHE 6341 11222-0120003470 30545 OVRPYMT RFND 347 BECKES ST 39.19 200 R061125 ERIC FLORES 6340 6470-0180003180 30546 OVRPYMT RFND 318 D ST 72.30 201 R061125 Total 151.49
202 Grand Total 771,141.46
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City of Wasco City Council Meeting Minutes, June 3, 2025
MINUTES
WASCO CITY COUNCIL
and Successor Agency to the
Former Redevelopment Agency
Tuesday, June 3, 2025
Regular Meeting – 6:00 p.m.
City Council Chambers
746 8th Street, Wasco, CA 93280
REGULAR MEETING – 6:00 pm
1) CALL TO ORDER:
Mayor Medina called the meeting to order at 6:00 p.m.
2) ROLL CALL: Mayor Medina, Mayor Pro Tem Saldaña, Council Members: Martinez, Raya, Reyna
PRESENT: Mayor Medina, Mayor Pro Tem Saldaña, Council Members: M artinez, Raya, Reyna
LATE: Council Member Martinez arrived at 6:01 p.m.
STAFF PRESENT: City Manager M. Scott Hurlbert, City Attorney Tom Schroeter, Assistant City Manager Maria Lara, Deputy City Clerk Monica Flores, Deputy City Clerk Yol anda Tinajero, Public Works Director Luis Villa, Finance Director Isarel Perez -Hernandez, Community Development Director Keri Cobb, Assistant Police Chief Alecio Mora , Kern Fire Chief Joe Appleton , Code Enforcement Officer Sergio Gonzalez, Assistant Public Works Director Alberto Martinez, Water Supervisor Cesar Montes
3) FLAG SALUTE: by Mayor Medina
4) INVOCATION: observed a moment of silence.
5) APPROVAL OF AGENDA:
City Manager M. Scott Hurlbert mentioned item 11.f. of the agenda, the “PAL Project,” was not included in the synopsis in the paragraph on agenda.
Motion by Council Member Martinez, seconded by Mayor Pro Tem Saldaña, to approve the agenda with items 6.a. and 6.b to be moved down the agenda as the meeting proceeds until all parties are available by the following roll call vote:
AYES: MEDINA, SALDAÑA, MARTINEZ, RAYA, REYNA
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
6) PRESENTATIONS:
a. Waterworth Progress Report (Hurlbert)
A presentation by Calvin Coles and Andrew O’ Brien, Waterworth Specialists. 10 of 200
City of Wasco City Council Meeting Minutes, June 3, 2025 b. CALTRANS Update on Highway 46 Roundabout
A PowerPoint presentation by Shelly Maggard, Caltrans District 6 Project Manager.
7) PUBLIC COMMENTS ON ITEMS NOT ON THE AGENDA:
There were no public comments.
Deputy City Clerk Yolanda Tinajero mentioned there are no email comments for this item or any other agenda items.
8) SUCCESSOR AGENCY BUSINESS: None
9) WASCO PUBLIC FINANCE AUTHORITY BUSINESS: None
10) PUBLIC SAFETY REPORTS
a. Kern County Fire Department (Appleton)
Chief Appleton gave a recent fire report.
b. Wasco Police Department (Fivecoat)
Assistant Police Chief Mora gave a PowerPoint presentation of recent crimes.
CITY COUNCIL BUSINESS:
11) CONSENT CALENDAR:
The Consent Calendar consists of items that are routine and noncontroversial, in the staff's opinion. These items are approved in one motion unless a Council Member or member of the public requests the removal of a particular item.
a. Receive and File department payments totaling $422,554.76
b. Approval of City Council Minutes for:
1. May 13, 2025, Special Meeting
2. May 20, 2025, Regular Meeting
c. Council finds this action is not a “project” defined under section 15378 of the CEQA Guidelines; Approval of Travel and Training Expenses Exceeding $500.00 for the Police Support Services Manager and Police Dispatcher to attend the 2025 National Emergency Number Association (NENA) Conference and Expo from June 21- 26, 2025, in Long Beach, CA.
d. Council finds this action is not a “project” defined under section 15378 of the CEQA Guidelines; Adopt a Resolution Authorizing the City Manager or Designee the Submission of an Application for Fiscal Year 2025 -2026 Federal Funding Under Section 5311 (49 U.S.C. Section 5311) and the Execution of a Standard Agreement with the California Department of Transportation (CALTRANS), Division of Rail and Mass Transportation.
Reso#2025-4210
e. Council finds this action is not a “project” defined under section 15378 of the CEQA Guidelines; Adopt a Resolution Approving an Application for Funding and Authorizing the City Manager or Designee to Execute the Grant Agreement and any amendments thereto from the FY2025 COPS Hiring Program (CHP) of the U.S.
Department of Justice, Office of Community Oriented Policing Services.
Reso#2025-4211
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City of Wasco City Council Meeting Minutes, June 3, 2025 f. Council finds this action is not a “project” defined under section 15378 of the CEQA Guidelines; Approval of the acceptance of the City of Wasco Public Facility Improvement Project and Authorization for the City Clerk to file the Notice of Completion.
Rec#2025-008
g. Council finds this action is not a “project” defined under section 15378 of the CEQA Guidelines; Adopt a Resolution Approving the Cost Report for Outstanding Fines and Abatement Costs, Assessing the Cost Thereof and Imposing Liens Pursuant to City of Wasco Municipal Code 1.20, 8.24, and 17.80.
Reso#2025-4212
There was n o conflict of Interest on the consent calendar for any of the Council members.
Motion by Council Member Reyna, seconded by Mayor Medina, to approve the consent calendar by the following roll call vote:
AYES: MEDINA, SALDAÑA, MARTINEZ, RAYA, REYNA
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
12) PUBLIC HEARINGS: None
13) DEFERRED BUSINESS: None
14) NEW BUSINESS:
a. Council finds this action is not a “project” defined under section 15061(b)(3), of the CEQA Guidelines; Adopt a Resolution Authorizing the City Manager or Designee to Approve Change Orders to the City Security System Project in the amount not to exceed $116,240.00 to address Police Department technology requirements, funded through the Police Department Technology Equipment Program Grant, in addition to the Professional Services Agreement with American Business Machines approved on July 18, 2023. (Hurlbert)
Reso#2025-4213
Agmt#2023-040(1)
Oral presentation by City Manager M. Scott Hurlbert.
There were no public comments.
Motion by Mayor Medina , seconded by Mayor Pro Tem Saldaña , to adopt the resolution by the following roll call vote:
AYES: MEDINA, SALDAÑA, MARTINEZ, RAYA, REYNA
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
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City of Wasco City Council Meeting Minutes, June 3, 2025 15) REPORTS FROM COMMISSIONS AND COMMITTEES:
a. Kern Economic Development Corporation (Medina)
No reports.
b. Kern Council of Governments (Reyna)
No reports.
c. Wasco Task Force (Saldaña and Medina)
The next community clean- up will be on June 21, 2025. Meeting at the corner of Gromer Avenue and Palm Avenue from 7:00 a.m. to 12:00 p.m.
16) REPORTS FROM THE CITY MANAGER:
City Manager Hurlbert updated the city council on the following:
• The League of California Cities Annual Conference will be held on October 8-10, 2025, in Long Beach, CA.
• The next Community Breakfast will be held on June 4, 2025, at 7:00 a.m. at the Freewill Baptist Church.
• The Scofield Project is now complete. Repairs have been completed, and is now fully opened to traffic.
• Striping has been completed on Central Avenue, and it is now fully open to traffic. • The Gromer Landscape Project will begin on June 21, 2025, at 7:00 a.m. • The SNIP event will be on June 17, 2025, from 8:00 a.m. to 4:00 p.m. in front of the Public Works Department, by appointment only.
• The City received an invitation to the Grand Opening for the Wonderful Amenities Center in Shafter, CA, on June 12, 2025.
• A Bike Lane Plan has been completed, and a portion of it has been implemented.
Staff is looking into identifying areas where painting is needed and working on filling the gaps in the plan.
• Staff has received a quote for Flock Cameras that is approximately $39,000.00 more to implement them, and staff has begun studying the optimum locations.
There may be an opportunity to work with commercial property owners if there is an advantage to having a camera on private or commercial properties. If there is reason to proceed, the project will be brought to the co uncil as an appropriation request following the adoption of FY 2024-2025 Operating Budget as the additional $39,000.00 is not included in the current draft budget.
17) REPORTS FROM THE CITY COUNCIL:
Council Member Reyna:
• Attended the Memorial Day Ceremony at the Bakersfield National Cemetery on May 24, 2025.
• Attended the Wasco Police Department Bike Rodeo on May 24, 2025. • Attended the Memorial Day Ceremony at the Wasco Cemetery on May 26, 2025. • On June 1, 2025. The second of four NAMI Hearts and Minds Workshops took place at St. John’s the Evangelist Parish Hall. The next workshop will be held on June 22, 2025, at the St. John’s the Evangelist Parish Hall at 1:00 p.m. • Requested staff to consider that Code Enforcement Officers work early evenings to enforce the food vendors that are setting up in the evenings. • Thanked the Public Works Director and the Deputy Public Works Director who provided a large bin to assist with the clean -up outside of the St. John’s the Evangelist Parish Hall.
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City of Wasco City Council Meeting Minutes, June 3, 2025
Mayor Medina:
• Requested staff to perform a weed abatement for the address of 812 Tulip Street.
There were no public comments on closed session items.
Mayor Medina adjourned into closed session at 7:12 p.m.
Mayor Medina adjourned out of closed session at 7:27 p.m.
18) CLOSED SESSION:
a. Closed Session Minutes for May 20, 2025.
b. CONFERENCE WITH LABOR NEGOTIATORS 54957.6
Agency designated representatives: City Manager, HR Manager, Employee Organization: SEIU Local 521
c. PUBLIC EMPLOYEE PERFORMANCE EVALUATION – City Manager per Government Code Section 54957
d. CONFERENCE WITH LABOR NEGOTIATORS 54957.6
Agency designated representatives: Mayor Medina and Councilmembers Unrepresented employee: City Manager
e. CONFERENCE WITH LEGAL COUNSEL—ANTICIPATED LITIGATION Significant exposure to litigation pursuant to paragraph (2) of subdivision (d) and paragraph (3) of subdivision (e) of Section 54956.9: one potential case. 19) CLOSED SESSION ACTION:
City Attorney Tom Schroeter reported out.
a. Closed Session Minutes for May 20, 2025.
Motion by Council Member Martinez , seconded by Mayor Pro Tem Saldaña, to approve the closed session minutes by the following roll call vote:
AYES: MEDINA, SALDAÑA, MARTINEZ, RAYA, REYNA
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
b. CONFERENCE WITH LABOR NEGOTIATORS 54957.6
Agency designated representatives: City Manager, HR Manager, Employee Organization: SEIU Local 521
No reportable action.
c. PUBLIC EMPLOYEE PERFORMANCE EVALUATION – City Manager per Government Code Section 54957
No reportable action.
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City of Wasco City Council Meeting Minutes, June 3, 2025 d. CONFERENCE WITH LABOR NEGOTIATORS 54957.6
Agency designated representatives: Mayor Medina and Councilmembers Unrepresented employee: City Manager
No reportable action.
e. CONFERENCE WITH LEGAL COUNSEL—ANTICIPATED LITIGATION Significant exposure to litigation pursuant to paragraph (2) of subdivision (d) and paragraph (3) of subdivision (e) of Section 54956.9: one potential case.
No reportable action.
20) ADJOURNMENT:
Mayor Medina adjourned the meeting at 7:28 p.m.
____________________________________
Monica Flores, Deputy City Clerk
______________________________________
Valentin Medina, Mayor
15 of 200
City of Wasco City Council Meeting Minutes, June 17, 2025
MINUTES
WASCO CITY COUNCIL
and Successor Agency to the
Former Redevelopment Agency
Tuesday, June 17, 2025
Regular Meeting – 6:00 p.m.
City Council Chambers
746 8th Street, Wasco, CA 93280
REGULAR MEETING – 6:00 pm
1) CALL TO ORDER: Mayor
Mayor Medina called the meeting to order at 6:00 p.m.
2) ROLL CALL: Mayor Medina, Mayor Pro Tem Saldaña, Council Members: Martinez, Raya, Reyna
PRESENT: Mayor Medina, Mayor Pro Tem Saldaña, Council Members: Martinez, Raya, Reyna
STAFF PRESENT: City Manager M. Scott Hurlbert, City Attorney Tom Schroeter, Assistant City Manager Maria Lara, City Clerk Maria O. Martinez, Public Works Director Luis Villa, Finance Director Isarel Perez-Hernandez, Community Development Director Keri Cobb, Assistant Police Chief Alecio Mora, Kern Fire Chief Joe Appleton
3) FLAG SALUTE: by Mayor Medina
4) INVOCATION: by Carlos Harrison, Wasco PD Chaplain
5) APPROVAL OF AGENDA:
Motion by Council Member Martinez, seconded by Mayor Pro Tem Saldaña, to approve the agenda as to form by the following roll call vote:
AYES: MEDINA, SALDAÑA, MARTINEZ, RAYA, REYNA
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
6) PRESENTATIONS:
a. Proclamation Juneteenth
Mayor Medina presented the p roclamation to Carlos Harrison, Wasco Police Department chaplain.
7) PUBLIC COMMENTS ON ITEMS NOT ON THE AGENDA:
• John Myers
City Clerk Maria O. Martinez mentioned no email comments for this item or other agenda items.
16 of 200
City of Wasco City Council Meeting Minutes, June 17, 2025 8) SUCCESSOR AGENCY BUSINESS: None
9) WASCO PUBLIC FINANCE AUTHORITY BUSINESS: None
10) PUBLIC SAFETY REPORTS
a. Kern County Fire Department (Appleton)
Chief Appleton gave a recent fire report.
b. Wasco Police Department (Fivecoat)
Assistant Chief of Police Mora gave a PowerPoint presentation on recent crime statistics and Officer Award Recognition.
CITY COUNCIL BUSINESS:
11) CONSENT CALENDAR:
The Consent Calendar consists of items that are routine and noncontroversial, in the staff's opinion. These items are approved in one motion unless a Council Member or member of the public requests the removal of a particular item.
a. Receive and File department payments totaling $1,813,936.48
b. Council finds this action is not a “project” defined under section 15378 of the CEQA Guidelines; Approval of Travel and Training Expenses Exceeding $500.00 per trip for one-half of City Attorney Thomas F. Schroeter's registration fees and one night's hotel stay to attend the League of California Cities 2025 Annual Conference and Expo held on October 8-10, 2025, in Long Beach, California, not to exceed $596.50.
c. Council finds this action is not a “project” defined under section 15378 of the CEQA Guidelines; Approval for Travel Expenses Exceeding $500.00 per participant for Mayor Pro Tem Eduardo Saldaña, Council Member Vincent Martinez, Council Member Gilberto Reyna, and City Manager M. Scott Hurlbert to attend the League of California Cities 2025 Annual Conference and Expo on October 8 -10, 2025, in Long Beach, California.
d. Council finds this action is not a “project” defined under section 15378 of the CEQA Guidelines; Adopt a Resolution Authorizing the City Manager or Designee to Execute the First Amendment to Agreement No. 2021-053 with Jason Addison Smith Consulting Services, Inc. JAS Pacific for On -Call Building Inspection, Plan Review, Code Enforcement, and Building Official Services.
Reso#2025-4214
Agmmt#2021-053(1)
e. Council finds this action is not a “project” defined under section 15060(c) (3) of the CEQA Guidelines; Adopt a Resolution Approving the Annual Statement of Investment Policy.
Reso#2025-4215
f. Council finds this action not a “project” defined under section 15378 of the CEQA Guidelines; Adopt a Resolution Approving an Application for Funding and Authorizing the City Manager or Designee to Execute a Grant Agreement and any Amendments Thereto for Fiscal Year 2025 Regional Surface Transportation Program (RSTP) Funding, Committing the Necessary Local Match, and Stating the Assurance to Complete the Griffith Avenue Project.
Reso#2025-4216
17 of 200
City of Wasco City Council Meeting Minutes, June 17, 2025
g. Council finds this action not a “project” defined under section 15378 of the CEQA Guidelines; Adopt a Resolution Approving an Application f or Funding and Authorizing the City Manager or Designee to Execute a Grant Agreement and any Amendments thereto for Fiscal Year 2025 Congestion Mitigation a nd Air Quality Program (CMAQ) Funding, Committing t he Necessary Local Match, and Stating the Assurance to Complete the Griffith Avenue East Shoulder Improvement Project.
Reso#2025-4217
h. Council finds this not a “project” defined under section 15378 of the CEQA Guidelines; Adopt a Resolution Approving an Application for Funding and Authorizing the City Manager or Designee to Execute a Grant Agreement and any Amendments thereto for Fiscal Year 2025 Congestion Mitigation and Air Quality Program and/or Carbon Reduction Program (CMAQ) Funding, Committing the Necessary Local Match, and Stating the Assurance to Complete the Construction of a New Compressed Natural Gas (CNG) Slow-Fill Station.
Reso#2025-4218
i. Council finds this not a “project” defined under section 15378 of the CEQA Guidelines; Adopt a Resolution Approving an Application for Funding and Authorizing the City Manager or Designee to Execute a Grant Agreement and any Amendments thereto for Fiscal Year 2025 Congestion Mitigation and Air Quality Program and/or Carbon Reduction Program (CMAQ) Funding, Committing the Necessary Local Match, and Stating the Assurance to Complete the Wasco Avenue East Shoulder Improvement Project.
Reso#2025-4219
j. Council finds this action is not a “project” defined under section 15060(c) (3) of the CEQA Guidelines; Adopt a Resolution Approving a List of Projects for Fiscal Year 2025-26 Funded by SB 1: The Road Repair and Accountability Act of 2017.
Reso#2025-4220
k. Council finds this action is not a “project” defined under section 15060(c) (3) of the CEQA Guidelines; Adopt a Resolution approving the City’s Appropriations Limit for the Fiscal Year 2025-2026.
Reso#2025-4221
l. Council finds this action is not a “project” defined under section 15060(c) (3) of the CEQA Guidelines; Receive and File the Investment Report for the month ending April 2025.
m. Council finds this action is not a “project” defined under section 15378 of the CEQA Guidelines; Adopt a Resolution to Authorize the City Manager or Designee to Finalize and Enter into a Software Services Agreement with Placer.ai.
Reso#2025-4222
Agmt#2025-021
There was no conflict of i nterest on the consent calendar for any of the Council Members.
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City of Wasco City Council Meeting Minutes, June 17, 2025 Motion by Council Member Reyna, seconded by Mayor Pro Tem Salda ña, to approve the consent calendar by the following roll call vote:
AYES: MEDINA, SALDAÑA, MARTINEZ, RAYA, REYNA
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
12) PUBLIC HEARINGS: None
13) DEFERRED BUSINESS: None
There were no public comments on the closed session items.
Mayor Medina adjourned into closed session at 6:31 p.m.
Mayor Medina adjourned out of closed session at 6:37 p.m.
14) CLOSED SESSION:
a. CONFERENCE WITH LABOR NEGOTIATORS 54957.6
Agency designated representatives: City Manager, HR Manager, Employee Organization: SEIU Local 521
b. CONFERENCE WITH LABOR NEGOTIATORS 54957.6
Agency designated representatives: City Manager, HR Manager, Employee Organization: Wasco Police Officers Association (WPOA)
c. PUBLIC EMPLOYEE PERFORMANCE EVALUATION – City Manager per Government Code Section 54957
d. CONFERENCE WITH LABOR NEGOTIATORS 54957.6
Agency designated representatives: Mayor Medina and Councilmembers Unrepresented employee: City Manager
CLOSED SESSION ACTION:
City Attorney Tom Schroeter reported out.
CONFERENCE WITH LABOR NEGOTIATORS 54957.6
Agency designated representatives: City Manager, HR Manager, Employee Organization: SEIU Local 521
Motion by Council Member Reyna, seconded by Mayor Pro Tem Saldaña, to approve the 4% cola by the following roll call vote:
AYES: MEDINA, SALDAÑA, MARTINEZ, RAYA, REYNA
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
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City of Wasco City Council Meeting Minutes, June 17, 2025 CONFERENCE WITH LABOR NEGOTIATORS 54957.6
Agency designated representatives: City Manager, HR Manager, Employee Organization: Wasco Police Officers Association (WPOA)
Motion by Council Member Reyna, seconded by Mayor Pro Tem Saldaña, to approve the 4% cola by the following roll call vote:
AYES: MEDINA, SALDAÑA, MARTINEZ, RAYA, REYNA
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
PUBLIC EMPLOYEE PERFORMANCE EVALUATION – City Manager per Government Code Section 54957
No reportable action.
CONFERENCE WITH LABOR NEGOTIATORS 54957.6
Agency designated representatives: Mayor Medina and Councilmembers Unrepresented employee: City Manager
Motion by Council Member Reyna, seconded by Mayor Pro Tem Saldaña, to approve the 4% cola for all unrepresented employees including the City Manager by the following roll call vote:
AYES: MEDINA, SALDAÑA, MARTINEZ, RAYA, REYNA
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
15) NEW BUSINESS:
a. Council finds this action is not a “project” defined under section 15378 of the CEQA Guidelines; Adopt a Resolution Approving an Application for Funding and Authorizing the City Manager or Designee to Execute a Grant Agreement, Budget Appropriations, and any Amendments Thereto for the San Joaquin Valley Air Pollution Control District’s Bikeway Incentive Program.
Reso#2025-4223
Oral presentation by Assistant City Manager Maria Lara.
There were no public comments.
Motion by Council Member Reyna, seconded by Mayor Pro Tem Saldaña, to adopt the Resolution by the following roll call vote:
AYES: MEDINA, SALDAÑA, MARTINEZ, RAYA, REYNA
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
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City of Wasco City Council Meeting Minutes, June 17, 2025 b. Council finds this action is not a “project” defined under section 15378 of the CEQA Guidelines; Adopt a Resolution Approving the Salary Schedule for the Fiscal Year 2025-2026 in Compliance with the California Public Employees’ Retirement System (CalPERS) Requirement for Publicly Available Pay Schedules to include the 4% COLA increase per the Memorandum of Understanding for SEIU Local 521, Wasco Police Department Officers Association (WPOA), and Non -Represented Staff Members.
Reso#2025-4224
Oral presentation by City Manager M. Scott Hurlbert.
There were no public comments.
Motion by Council Member Martinez, seconded by Mayor Medina, to adopt the Resolution by the following roll call vote:
AYES: MEDINA, SALDAÑA, MARTINEZ, RAYA, REYNA
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
c. Council finds this action is not a “project” defined under section 15378 of the CEQA Guidelines; Adopt a Resolution approving the City’s Fiscal Year 202 5-2026 Annual Operating Budget and 202 5-2030 Capital Improvement Program . (Perez- Hernandez)
Reso#2025-4225
Oral presentation by Finance Director Isarel Perez-Hernandez.
There were no public comments.
Motion by Council Member Reyna, seconded by Mayor Medina, to adopt the Resolution by the following roll call vote:
AYES: MEDINA, SALDAÑA, MARTINEZ, RAYA, REYNA
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
16) REPORTS FROM COMMISSIONS AND COMMITTEES:
a. Kern Economic Development Corporation (Medina)
No reports.
b. Kern Council of Governments (Reyna)
No reports.
c. Wasco Task Force (Saldaña and Medina)
Mayor Pro Tem Saldaña invited the community to attend the cleanup scheduled for Saturday, June 21, 2025.
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City of Wasco City Council Meeting Minutes, June 17, 2025 17) REPORTS FROM THE CITY MANAGER:
City Manager Hurlbert updated the city council on the following:
• The Community Breakfast will be dark in July 2025.
• The Gromer Landscape Project will begin on June 21, 2025. • The next SNIP event will be on July 30, 2025, at 8:00 a.m. • Wasco Recreation and Parks District WRPD is having the Fourth of July event on June 28, 2025, at the Ballpark.
• Attended the ribbon cutting of the Wonderful Amenities Center on June 12, 2025. • Save the date: Kern EDC Annual Dinner on September 10, 2025. • The Water Department is doing a systematic valve replacement. Downtime is minimal, typically 2 -4 hours, and affected residents and businesses will receive advance notice. The public works staff will map out the areas affected. • The fiber project is underway, and staff are looking forward to reports from Unwired and their primary contractor, who are doing underground work. • Staff is available to print if the council is interested in distributing door hangers in their District with information on how to report illegal fireworks, with additional information.
18) REPORTS FROM THE CITY COUNCIL:
Council Member Raya:
• Requested an update on the Police Activities League from staff.
Council Member Reyna:
• Requested from staff regarding where the city will obtain funding for sidewalk improvements, and whether there is a plan.
• Requested from staff regarding if there has been any progress on an agreement with the County of Kern to complete road improvements on connecting city roads.
• Requested staff to follow up with Caltrans regarding painting a bike lane on the south side of Highway 46 from Central Avenue to Beckes. • Requested a certificate of recognition for Consuelo Connie Bernal for her work bringing the Memorial Day Celebration back to Wasco.
• Requested staff to work on having the graffiti removed from the standpipes located on Central Avenue between 7
th Street and Highway 46.
Mayor Medina
• Requested staff to continue to monitor the weeds for the apartment complex on the corner of Central Avenue and 7th Street.
• Inquired with the staff about the status of the street lighting on Highway 43. • Requested an update on a monthly basis regarding progress, challenges, and successes from the work of the Homeless Outreach Coordinator.
There were no public comments on the closed session items.
Mayor Medina called a 5-minute recess and then adjourned into closed session at 7:23 p.m. Mayor Medina adjourned out of closed session at 7:49 p.m.
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City of Wasco City Council Meeting Minutes, June 17, 2025 19) CLOSED SESSION:
a. CONFERENCE WITH LEGAL COUNSEL—ANTICIPATED LITIGATION Significant exposure to litigation pursuant to paragraph (2) of subdivision (d) and paragraph (3) of subdivision (e) of Section 54956.9: one potential case.
b. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION 54956.9 (d)(1) Name of Case: Amerivet Contracting, a California Corporation
c. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION 54956.9 (d)(1) Name of Case: LEO Towing
20) CLOSED SESSION ACTION:
City Attorney Tom Schroeter reported out.
a. CONFERENCE WITH LEGAL COUNSEL—ANTICIPATED LITIGATION Significant exposure to litigation pursuant to paragraph (2) of subdivision (d) and paragraph (3) of subdivision (e) of Section 54956.9: one potential case.
No reportable action.
b. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION 54956.9 (d)(1) Name of Case: Amerivet Contracting, a California Corporation No reportable action.
c. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION 54956.9 (d)(1) Name of Case: LEO Towing
No reportable action.
21) ADJOURNMENT:
Mayor Medina adjourned the meeting at 7:49 p.m.
____________________________________
Maria O. Martinez, City Clerk
______________________________________
Valentin Medina, Mayor
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.
TO: Honorable Mayor and Council Members
FROM: M. Scott Hurlbert, City Manager
Maria O. Martinez, City Clerk
DATE: July 1, 2025
SUBJECT: Approval of Travel Expenses Exceeding $500.00 per trip for the Administrative Manager/City Clerk and the Executive Assistant I/Deputy City Clerk to attend the California Municipal Clerks Association CMCA Annual Conference on April 29– May 1, 2026, in Anaheim, California.
Recommendation:
Staff recommends the City Council:
1) Approval of Travel Expenses Exceeding $500.00 per trip for the Administrative Manager/City Clerk and Executive Assistant I/Deputy City Clerk to attend the California Municipal Clerks Association CMCA Annual Conference on April 29 – May 1, 2026, in Anaheim, California, and
2) Find that this action is not a project as defined under the California Environmental Quality Act State Guidelines; therefore, pursuant to State Guidelines Section 15378, no environmental review is required.
Environmental Review:
The staff has reviewed the proposed activity for compliance with the California Environmental Quality Act(CEQA) and has determined that the activity is not a “Project” as defined under Section 15378 of the State CEQA guidelines becaus e the proposed activity consists of a governmental fiscal/administrative activity which does not result in a physical change in the environment; therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines, the activity is not subject to CEQA. Thus, no environmental review is required.
Discussion:
This training will update the Administrative Manager/City Clerk and Executive Assistant I/Deputy Cit y Clerk on records management , boards and commissions, legislative updates, and elections. It will also expand Staff knowledge on a wide range of topics relevant to their roles within the city.
The cost of the conference, hotel fees, and food per diems will exceed the Expense and Use of Public Resources Policy limits established by City of Was co Resolution No. 2006 -
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2327, limiting expenses to $500.00 per trip. As a result, the City Council must approve the travel request, as the expenses for this trip will exceed $500.00.
Fiscal Impact:
The estimated cost of this training, including the conference and travel expenses, is under $ 1,600.00. The training cost is contained in the adopted FY 2021-2022 Budget; no budget action is required with approval of this item.
Attachments:
1. Training Information
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Register
Tell a Friend (/members/send.asp?event=1969074)
2026 CMCA ANNUAL CONFERENCE
The information provided below is for general planning purposes ONLY and is subject to change without notice.
4/29/2026 to 5/1/2026
When: Wednesday, April 29th - Friday, May 1st
Where: Disneyland Hotel
1150 West Magic Way
Anaheim, California 92802
United States
Contact: Zi Stair
[email protected] (mailto:[email protected])
916-330-2706
You registered for this event on 6/11/2025
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Details about pre-conference activities and conference education topics and CMC/MMC points will be posted as they become available in 2026.
Location & Reservations
Disneyland Hotel
We anticipate our room block to open and available for booking in January 2026.
Registration
Registration Fees
Pre-conference:
Advanced Academy: $150 member / $250 non-member
Athenian Dialogue: $150 member / $250 non-member
Conference:
Early Bird Member Rate: $675 (We anticipate registration opening to CMCA Members in January 2026) Regular Rate: $750 member / $950 non-member (We anticipate general registration opening in February 2026)
Schedule of Events
Tuesday, April 28th - Preconference Activities
Wednesday, April 29th - Conference Opening
Friday, May 1st - Conference Closing
If you have any issues with this site or your experience before or during the conference, please reach out to CMCA staff.
Email: [email protected] (mailto:[email protected]), call 916-330-2706, or visit the CMCA desk during the event. 6/23/25, 9:03 AM Print Preview
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.
TO: Honorable Mayor and Council Members
FROM: M. Scott Hurlbert, City Manager
Maria Lara, Assistant City Manager
Charlie Fivecoat, Chief of Police
DATE: July 1, 2025
SUBJECT: Adopt a Resolution Authorizing the City Manager o r Designee t o Accept the Grant Award of $148,142.00 and Execute a Grant Agreement, Budget Appropriations, and any Amendments thereto for Fiscal Year 2025- 2026 for the Cannabis Tax Fund Grant Program (CTFGP) from the California Highway Patrol (CHP).
Recommendation:
Staff recommends that the City Council:
1) Adopt a Resoluti on authorizing the City Manager or designee to accept the award and execute a grant agreement , budget appropriations, and any amendments thereto for the FY 2025-2026 Cannabis Tax Fund Grant Program from the California Highway Patrol (CHP).
2) Find that the subject activity is not a project within the meaning of CEQA Guidelines Section 15378 and is, therefore, not subject to review under CEQA.
Environmental Review:
This action is not a project within the meaning of CEQA Guidelines Section 15378 and is , therefore, not subject to CEQA since it does not have the potential to result in either a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment. The approval of this agenda item does not commit the City to a definite course of action concerning a project, since the action authorized herein may lead to the negotiation of a grant agreement. This proposed activity is , therefore, not subject to CEQA . Any future action connected to this approval that constitutes a project will be reviewed for compliance with CEQA.
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Discussion:
The California Highway Patrol (CHP) adopted regulations within Title 13 of the California Code of Regulations (CCR), Division 2, by adding Chapter 13, which governs the CHP, Cannabis Tax Fund Grant Program.
With the passage of Proposition 64 in 2016, t he Control, Regulate, and Tax Adult Use Marijuana Act (AUMA), California voters mandated the state to set aside funding for the CHP to provide grants to local governments and Qualified Nonprofit Organizations for the education, prevention, and enforcement of impaired driving laws pursuant to Section 34019 (f)(3)(B) Revenue and Taxation Code (RTC).
Law Enforcement grants provide financial assistance to allied agencies for the education, prevention, and enforcement of laws related to driving under the influe nce of alcohol and other drugs, including cannabis and cannabis products.
The intent of the program is to educate the public regarding the dangers of impaired driving, enforce impaired driving laws on the roadway, and improve the Organization/Agency’s effectiveness through training and the development of new strategies.
The City of Wasco will receive $148,142.00 to enhance enforcement efforts for driving under the influence (DUI) and driving under the influence of drugs (DUID) through initiatives such as DUI Saturation Patrols and DUI Checkpoints. The funding will also support police officer certification training and the purchase of one DUI/DUID police patrol vehicle to aid these operations.
The Project Performance Period is one year, from July 1, 2025, through June 30, 2026.
Fiscal Impact:
There is no local match requirement. The Cannabis Tax Fund Grant is a reimbursement grant. CHP will reimburse the city, in arrears, for approved expenditures upon receipt of invoices and quarterly progress reports.
Attachments:
1. Resolution
2. Award Notification Letter
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RESOLUTION NO. 2025 -
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WASCO AUTHORIZING THE CITY MANAGER OR DESIGNEE TO ACCEPT THE GRANT AWARD OF $148,142.00 AND EXECUTE A
GRANT AGREEMENT, BUDGET APPROPRIATIONS AND ANY AMENDMENTS THERETO FOR THE FY 2025-2026 FOR THE CANNABIS TAX FUND GRANT PROGRAM (CTFGP) FROM THE
CALIFORNIA HIGHWAY PATROL (CHP)
WHEREAS, the City of Wasco (herein referred to as APPLICANT) submitted an application to the California Highway Patrol (CHP) for the Cannabis Tax Fund Grant Program and received award notification of ($148,142.00) in funding; and WHEREAS, the California Highway Patrol (CHP), adopted regulations within Title 13 of the California Code of Regulations (CCR), Division 2, by adding Chapter 13, which governs the CHP, Cannabis Tax Fund Grant Program; and
WHEREAS, with the passage of Proposition 64 in 2016, the Control, Regulate, and Tax Adult Use Marijuana Act (AUMA), California voters mandated the state to set aside funding for the CHP to provide grants to local governments and Qualified Nonprofit Organizations for the education, prevention, and enforcement of impaired driving laws pursuant to Section 34019 (f)(3)(B) Revenue and Taxation Code (RTC); and
WHEREAS, APPLICANT can educate the public about the dangers of impaired driving, enforce impaired driving laws related to driving under the influence of alcohol and other drugs, including cannabis and cannabis products, and enhance effectiveness through training; and
WHEREAS, APPLICANT is authorized to accept the award, execute the grant agreement and any amendments thereto under the CHP Cannabis Tax Fund Grant Program; and
WHEREAS, APPLICANT authorizes its City Manager or designee to execute the grant agreement, budget appropriations, and any amendments, incur grant-related expenses, and receive reimbursement.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Wasco, by adopting this resolution, does hereby state that:
Section 1. APPLICANT authorizes its City Manager, or designee , to execute the grant agreement, budget appropriations , and any amendments, incur grant -related expenses, and receive reimbursement for those expenses.
BE IT FURTHER RESOLVED that the City Manager or designee is hereby authorized and empowered to execute i n the name of the City of Wasco all grant documents, including but not limited to agreements, amendments, reports , budget amendments, 30 of 200
appropriations, and requests for payment, necessary to secure grant funds and implement the approved grant project.
-o0o-
I HEREBY CERTIFY that the foregoing Resolution No. 2025- was passed and adopted by the Council of the City of Wasco at a regular meeting thereof held on July 1, 2025, by the following vote:
COUNCIL MEMBERS: MEDINA, SALDAÑA, MARTINEZ, RAYA, REYNA AYES:
NOES:
ABSTAIN:
ABSENT:
__________________________
VALENTIN MEDINA
MAYOR of the City of Wasco
Attest: _______________
__________________________________
MARIA MARTINEZ, CMC
CITY CLERK and Ex Officio Clerk of
the Council of the City of Wasco
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State of California-Transportation Agency GAVIN NEWSOM, Governor
DEPARTMENT OF CALIFORNIA HIGHWAY PATROL
Safety, Service, and Security An Internationally Accredited Agency
601 North 7th Street
Sacramento, CA 95811
(916) 843-4360
(800) 735-2929 (TT/TDD)
(800) 735-2922 (Voice)
June 13, 2025
File No.: 060.17344.17369
Maria Lara
City of Wasco Police Department
764 E Street
Wasco, CA 93280
Dear Ms. Lara:
On behalf of the California Highway Patrol (CHP), it is my pleasure to inform you, the City of Wasco Police Department, is conditionally approved for Cannabis Tax Fund Grant Program (CTFGP) funding in the amount of $148,142.00. The purpose of this grant funding is to help your agency reduce and mitigate the impacts of impaired driving in your community.
The official Grant Agreement for signature is forthcoming. In order to execute your Grant Agreement, please provide documentation from a local governing body, authorizing your organization to receive this grant funding, to the Cannabis Grants Unit, by email at [email protected], as soon as possible.
Refer to California Code of Regulations Title 13, Division 2, Chapter 13, Section 1890.13(g) for additional information.
The CHP looks forward to partnering with you and your agency on this project in an effort to make California’s roadways a safer place to travel. If you have any questions, please feel free to contact the Cannabis Grants Unit at (916) 843-4360.
Sincerely,
M. W. HEADRICK, Chief
Enforcement and Planning Division
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.
TO: Honorable Mayor and Council Members
FROM: M. Scott Hurlbert, City Manager
Maria Lara, Assistant City Manager
DATE: July 1, 2025
SUBJECT: Adopt a Resolution Authorizing the City Manager or Designee to Accept the Grant Award of $48,085.00 and Execute the Grant Agreement, Budget Appropriations, Certifications and Assurances for the Fiscal Year 2025-2026 California State of Good Repair (SGR) Program.
Recommendation:
Staff recommends that the City Council:
1) Adopt a Resolution Authorizing the City Manager or Designee to Accept the Grant Award of $48,085.00 and Execute the Grant Agreement, Budget Appropriations, Certifications and Assurances for the Fiscal Year 2025 -2026 California State of Good Repair (SGR) Program.
2) Find that this action is not a project as defined under the California Environmental Quality Act State Guidelines; therefore, pursuant to State Guidelines Section 15378, no environmental review is required.
Environmental Review:
This action is not a project within the meaning of CEQA Guidelines Section 15378 and is , therefore, not subject to CEQA since it does not have the potential to result in either a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment. The approval of this agenda item does not commit the City to a definite course of action concerning a project , since the action authorized herein may lead to the negotiation of a grant agreement. This proposed activity is, therefore, not subject to CEQA . Any future action connected to this approval that constitutes a project will be reviewed for compliance with CEQA.
Discussion: .
The State of Good Repair/State Transit Assistance (SGR/STA) Progra m, which is part of Senate Bill 1, allocates funds annually to transit operators in California for eligible transit maintenance, rehabilitation, and capital projects. The SGR Program provides public
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transportation agencies with a consistent and dependable revenue source to invest in the upgrade, repair, and improvement of their transportation infrastructure, thereby enhancing transportation services . SGR funds are made available for capital projects that maintain the public transit system in a state of good repair. PUC Section 99212.1 (c) lists the projects eligible for SGR funding as follows:
• Transit capital projects or services to maintain or repair a transit operator’s existing transit vehicle fleet or transit facilities, including the rehabilitation an d/or modernization of the existing vehicles or facilities.
• The design, acquisition, and construction of new vehicles or facilities that improve existing transit services.
• Transit services that complement local efforts to repair and improve local transportation infrastructure.
This resolution authorizes the City Manager to execute the Certifications and Assurances form required for participation in the SGR Program. The City plans to use its FY 2025-2026 SGR apportionment of $48,085.00 to design and construc t a new transit operating and maintenance facility at the southeast corner of Filburn Street and Central Avenue.
Fiscal Impact:
No matching funds are required. This project is part of the FY 2025 -2026 Capital Improvement Program (Project#25004), with multiple funding sources supporting this capital project.
Attachments:
1. Resolution
2. KernCOG FY2025/2026 State of Good Repair Draft Program of Projects
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RESOLUTION NO. 2025- _____
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WASCO AUTHORIZING THE CITY MANAGER OR DESIGNEE TO ACCEPT THE GRANT AWARD OF $48,085.00 AND EXECUTE THE
GRANT AGREEMENT, BUDGET APPROPRIATIONS, APPROVING THE PROJECT LIST FOR FISCAL YEAR 2025-26, AUTHORIZING THE EXECUTION OF THE CERTIFICATIONS AND
ASSURANCES FORM FOR THE CALIFORNIA STATE OF GOOD REPAIR PROGRAM
WHEREAS, Senate Bill 1 (SB1), the Road Repair and Accountability Act 2017, establishing the State of Good Repair (SGR) prog ram to fund eligible transit maintenance, rehabilitation and capital project activities that maintain the public transit system in a state of good repair; and
WHEREAS, the City of Wasco is an eligible project sponsor and may receive State Transit Assistan ce funding from the State of Good Repair Account (SGR) now or sometime in the future for transit projects; and
WHEREAS, the statutes related to state -funded transit projects require a local or regional implementing agency to abide by various regulations; and
WHEREAS, Senate Bill 1 (2017) named the Department of Transportation (Department) as the administrative agency for the SGR; and
WHEREAS, the Department has developed guidelines for the purpose of administering and distributing SGR funds to eligible project sponsors (local agencies); and
WHEREAS, the City of Wasco concurs with and approves the project list to design and construct a new transit operating and maintenance facility at the southeast corner of Filburn Street and Central Avenue for the FY 202 5-2026 State of Good Repair Program Apportionment of $48,085.00.
NOW, THEREFORE , BE IT RESOLVED by the City Council of the City of Wasco, as follows:
SECTION 1: the City of Wasco wishes to delegate authorization to execute these documents, budget appropriations, and any amendments thereto to the City Manager or designee; and
SECTION 2: the City Council of the City of Wasco hereby approves the SB1 State of Good Repair Project List for FY 2025-2026; and
SECTION 3: the City Council of the City of Wasco that the fund recipient agrees to comply with all conditions and requirements set forth in the Certification and Assurances document and applicable statutes, regulations and guidelines for all SGR funded transit capital projects; and
SECTION 4: that the City Manager is hereby authorized to submit a request for Scheduled Allocation of the SB1 State of Good Repair funds and to execute the related grant applications, budget appropriations, forms, and agreements. 35 of 200
-o0o-
I HEREBY CERTIFY that the foregoing Resolution No. 2025 - was passed and adopted by the Council of the City of Wasco at a regular meeting thereof held on July 1, 2025, by the following vote:
COUNCIL MEMBERS: MEDINA, SALDAÑA, MARTINEZ, RAYA, REYNA AYES:
NOES:
ABSTAIN:
ABSENT:
______________________________
VALENTIN MEDINA
MAYOR of the City of Wasco
Attest: _______________________
__________________________
MARIA O. MARTINEZ, CMC
CITY CLERK and Ex Officio Clerk of
the Council of the City of Wasco
36 of 200
.
TO: Honorable Mayor and Council Members
FROM: M. Scott Hurlbert, City Manager
Nancy Vera, Human Resources Manager
DATE: July 1, 2025
SUBJECT: Approval of Travel and Training Expenses Exceeding $500.00 per trip for the Human Resources Manager to attend the California Public Employers Labor Relations Association (CALPELRA) 2024 Annual Training Conference on November 18 - 21, 2025, in Monterey, CA.
Recommendation:
Staff recommends the City Council:
1) Approval of Travel and Training Expenses Exceeding $500.00 per trip for the Human Resources Manager to attend the California Public Employers Labor Relations Association (CALPELRA) 2024 Annual Training Conference on November 18 – 21, 2025, in Monterey, CA.; and
2) Find that this action is not a project as defined under the California Environmental Quality Act State Guidelines; therefore, pursuant to State Guidelines Section 15378, no environmental review is required.
Environmental Review:
The staff has reviewed the proposed activity for compliance with the California Environmental Quality Act(CEQA) and has determined that the activity is not a “Project” as defined under Section 15378 of the State CEQA guidelines because the proposed activity consists of a governmental fiscal/administrative activity which does not result in a physical change in the environment; therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines, the activity is not subject to CEQA. Thus, no environmental review is required.
Discussion:
This request is for the approval of the Human Resources Manager to attend the California Public Employers Labor Relations Association (CALPELRA) 2024 Annual Training Conference on November 18 -
21, 2025, in Monterey, CA.
This training is designed for California Public Employers and includes topics of labor relations and regulations relating to harassment prevention, wage and hour issues in California, state and federal employment legislation, organizational effecti veness
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changing workplace demographics, CalPERS, and leave policy. The preliminary conference program for the CALPELRA 202 5 Annual Training Conference is attached.
The cost of the conference, hotel fees, and food per diems will exceed the Expense and Use of Public Resources Policy limits established by City of Wasco Resolution No. 2006 - 2327, limiting expenses to $500.00 per trip. As a result, the City Council must approve the travel request as the expenses for the cost of this trip will exceed $500.00.
Fiscal Impact:
It is estimated that the cost of this training will not exceed $2, 750, including the conference and travel expenses. The training cost is contained in the adopted FY 2025 – 2026 Budget; no budget action is required.
Attachments:
1. Preliminary Conference Program for the CALPELRA 2025 38 of 200
#CALPELRA2025
An interactive forum.
For 50 years, CALPELRA's Annual Training Conference has provided an interactive forum for learning and sharing the experiences of public sector professionals with diverse knowledge, skills, and abilities at all levels of government throughout California.
A wide variety of relevant content.
The Conference offers a wide variety of labor, human resources, and employment training sessions, including educational and skill-building presentations that discuss new and critical issues and that encourage audience interaction and participation, as well as personal and professional development. CALPELRA's Annual Conference Program Committee selects session content that will best prepare CALPELRA's members and Conference participants for the challenges and opportunities public agencies currently face.
Conference sessions are relevant not only to labor relations and human resources professionals, but also to professional management and supervisory individuals responsible for risk management, finance, benefits, leave administration, and recruitment, as well as attorneys and other professionals working in police, fire, insurance, workers' comp, and other agency departments or human resources related areas.
Program and details available soon.
CALPELRA Conference programs usually include several general sessions and 80 or more concurrent sessions. Conference sessions are all day on Wednesday, all day Thursday, and a half day on Friday.
The #CALPELRA2025 program and details will be available this summer, along with an at-a-glance guide to sessions.
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6/23/25, 4:28 PM Event Details - CALPELRA Conference
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.
TO: Honorable Mayor and Council Members
FROM: M. Scott Hurlbert, City Manager
Luis Villa, Public Works Director
DATE: July 1, 2025
SUBJECT: Adopt a Resolution Authorizing the City Manager or Designee to Sign and Execute a Purchase Order with TrailersPlus Bakersfield for a Purchase of Two Dump Trailers for a total amount not to exceed $22,000.00.
Recommendation:
Staff recommends the City Council:
1) Adopt a Resolution Authorizing the City Manager or Designee to Sign and Execute a Purchase Order with TrailersPlus Bakersfield for a purchase of two dump trailers for a total amount not to exceed $22,000.00; and
2) Find that this action is not a project as defined under the California Environmental Quality Act State Guidelines; therefore, pursuant to State Guidelines Section 15378, no environmental review is required.
Environmental Review:
The staff has reviewed the proposed activity for compliance with the California Environmental Quality Act(CEQA) and has determined that the activity is not a “Project” as defined under Section 15378 of the State CEQA guidelines because the proposed activity consists of a governmental fiscal/administrative activity which do es not result in a physical change in the environment; therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines, the activity is not subject to CEQA. Thus, no environmental review is required.
Discussion:
As part of CIP #26010, the council approved and allocated $30,000.00 for the acquisition of a utility dump trailer for the public works department. Due to an increase in in -house projects and the requirement for a commercial license for any trailer over a GVWR of 10,000 pounds, staff recommends purchasing two smaller trailers to prevent the vehicle from being classified as commercial, as well as to allow the Public Works department to manage multiple projects simultaneously with both trailers. The purchase of these units would enable staff to haul spoils and heavy equipment used for the job site, especially once we obtain the new smooth drum roller, tree stump grinder, or other equipment.
STAFF REPORT
City of Wasco
41 of 200
Below is a price comparison between three vendors, used to identify the best pricing within the City’s CIP budget:
Quotes
1. TrailersPlus: $9731.28
2. Big Tex: $10,219.00
3. Iron Panther Trailers: $11,099.00
Staff received quotes from TrailersPlus Bakersfield: $ 9,731.28 for the first trailer and $ 9,514.78 for the second. Staff is requesting authority to purchase both trailers for an amount not to exceed $22,000.00.
Fiscal Impact:
Staff budgeted $30,000 in CIP No. 26010 to buy one larger utility trailer; purchasing these two smaller units is within the appropriation.
Attachments:
1. Resolution
2. Quotes
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RESOLUTION NO. 2025 -
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WASCO AUTHORIZING THE
CITY MANAGER OR DESIGNEE TO SIGN AND EXECUTE A PURCHASE ORDER WITH
TRAILERSPLUS BAKERSFIELD FOR A PURCHASE OF TWO DUMP TRAILERS FOR A TOTAL AMOUNT NOT TO EXCEED $22,000.00.
WHEREAS, the City wishes to purchase two dump trailers from TrailersPlus Bakersfield; and
WHEREAS the total for this equipment will not exceed $22,000.00 including contingencies; and
WHEREAS, $30,000 was appropriated as part of CIP No. 26010.
NOW THEREFORE BE IT RESOLVED, by the City Council of the City of Wasco, as follows:
SECTION 1: Authorizes the City Manager or designee to approve and execute the purchase of two dump trailers from TrailersPlus Bakersfield for a total amount not to exceed $22,000.00, quote attached hereto as Exhibit A.
SECTION 2 : Authorizes the necessary budget appropriations required to complete this action.
-o0o-
I HEREBY CERTIFY that the foregoing Resolution No. 2025 - was passed and adopted by the Council of the City of Wasco at a regular meeting thereof held on July 1, 2025, by the following vote:
COUNCIL MEMBERS: MEDINA, MARTINEZ, REYNA, SALDAÑA, RAYA AYES:
NOES:
ABSTAIN:
ABSENT:
__________________________
VALENTIN MEDINA,
MAYOR of the City of Wasco
Attest:
__________________________________
MARIA O. MARTINEZ
CITY CLERK and Ex Officio Clerk of
the Council of the City of Wasco
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We're behind you all the way.
trailersplus.com
TrailersPlus Bakersfield
Invoice For:
City of Wasco
Invoice
Salesperson: Logan Elliott
TrailersPlus Bakersfield Phone: 661-335-6045
3303 Gulf Street www.trailersplus.com
Bakersfield, CA 93308 County: KERN
Customer Information Invoice TRPL63-20174 INVOICE
Alberto Martinez Type:IBLRDU610TA3 VIN: 4RADU1024SK107358 764 e st Color:BLACK Manufacturer: Interstate
Wasco, CA 93280 USA Year: 2025 GVWR: 9990
Phone: 6615672517 GAWR: 5200 Curb Weight: 2910
Email: [email protected] Date: 6-24-2025
ITEM DESCRIPTION QTY UNITS EACH COST
Trailer Invoice
IBLRDU610TA3
6 X 10 LoadRunner Bumper Pull Dump Tandem Axle 10K (MSRP) VIN:4RADU1024SK107358
1. EACH $10139.00 $10139.00
DISCOUNT Dealer Discount Pre-approved 1.00 EACH $-2210.00 $-2210.00 DISCOUNTED TRAILER PRICE 1.00 $7929.00 $7929.00
TITLEFEE Title transfer-licensing fee 1.00 EACH $0.00 $0.00 Trailer Sales Tax TAX $654.14 $654.14
Parts/Service Invoice
CA-TITLE CA State DMV Fee 1.00 Each $24.00 $24.00
EFILEFEE Electronic Filing Fee. Filing provided by MVSC 1.00 EACH $34.00 $34.00 06-BK0005 Fastway Zip Trailer Breakaway Cable 4 Foot
Click For More Info
1.00 Piece $26.68 $26.68
09-CLP001 Coupler Latch Pin Simple
Click For More Info
1.00 Piece $5.10 $5.10
02-TR0215-BLK Tire Radial 225/75R15D on 6 Hole 655 Blk Mod Wheel
Click For More Info
1.00 Piece $324.80 $324.80
DOCFEE Documentary service processing fee 1.00 EACH $69.00 $69.00 09-DTR614 Dump Tarp 6 x 14 Mesh w/ Hardware Kit
Click For More Info
1.00 Piece $365.40 $365.40
LABOR Labor Charge per 30 MInutes 2.00 Time $105.00 $210.00 TIRETAX State imposed tire recycling tax/fee 1.00 EACH $8.75 $8.75 10-SF0001 Shop Fee 2.00 Each $7.00 $14.00
Parts/Service Sales Tax TAX $66.41 $66.41
Payments Applied
Invoice Total $9731.28
Total Collected $0.00
Due $9731.28
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We're behind you all the way.
trailersplus.com
TrailersPlus Bakersfield
Invoice For:
City of Wasco
Invoice
AGREEMENT
Delivery and Payment. Delivery of parts or trailers is to be taken within 14 days of their arrival at Seller's location or the date of this invoice, whichever is later. Failure to do so shall be a breach of this agreement, and the seller may retain as damages the cash and all other considerations paid by Buyer. Seller receives checks and drafts, given in whole or in part payment, conditionally only. Seller does not guarantee the delivery dates of any vehicles, products, or services. By signing this form, the Buyer hereby waives the right to later dispute authorized charges made on a credit card used as payment on this invoice.
Cancellation and Refunds. Any payments on invoices that include labor, special order parts, or opened/used merchandise, or on registered trailers, are not refundable under any circumstance. All sales are final. All other refunds or cancellation are subject to a 25% restocking fee.
Arbitration and Waiver of Jury Trial. All irresolvable disputes or claims pertaining to the trailers, products, or services delivered by the Seller to the Buyer or the relationships that arise there from, whether based in contract, tort or otherwise, shall be resolved by binding individual arbitration under the expedited procedures of the Consumer Arbitration Rules of the American Arbitration Association (AAA), which can be found at www.adr.org/consumer. All claims are governed by the Federal Arbitration Act and the laws of the State of Idaho. The arbitrator shall have the authority to resolve all disputes about the applicability of this arbitration clause. Arbitration hearings will be held virtually, or where otherwise mutually agreed, including by written submissions. The AAA will appoint a single arbitrator. Judgment upon the award rendered in arbitration shall be final and may be entered in any court, state or federal, having jurisdiction. The arbitrator shall not award attorney's fees under this agreement, except that the Seller is allowed to recoup all costs (including attorney's fees) in recovering non-payment or delinquent payment by the Buyer, which expressly declines the arbitrator's authority under Idaho Code Section 7-910. IF A
DISPUTE OR CLAIM IS NOT SUBJECT TO ARBITRATION FOR ANY REASON, THEN THE DISPUTE OR CLAIM SHALL BE DECIDED IN A COURT OF COMPETENT JURISDICTION WITHOUT A JURY. YOU AND WE IRREVOCABLY WAIVE ALL RIGHTS TO TRIAL BY JURY AND TO BRING ANY CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION.
Notwithstanding the foregoing, in lieu of arbitration: (1) either you or the Company can bring an individual claim in small claims court consistent with any applicable jurisdictional and monetary limits that may apply, provided that it is brought and maintained as an individual claim; and (2) you or the Company may bring suit in court to enjoin infringement or other misuse of intellectual property rights. Prior to initiating any small claims action or arbitration, the initiating party shall give the other party at least 60 days advance written notice of its intent to file. The Company will provide such notice to Buyer's email address on file and Buyer must provide such notice by email to [email protected]. During such 60 day notice period, the parties shall attempt to amicably settle all disputes.
Limitation of Liability. Seller's liability for any and all claims arising out of this agreement will be limited to the total value of the vehicles, products, or services delivered under this agreement. Under no circumstances shall the Seller be liable to the Buyer or any other person for any special, incidental or consequential damages
Indemnity. You agree to defend, indemnify, and hold Company and its affiliates harmless from any claim or demand, including reasonable attorney's fees, made by any third party due to or arising out of your negligence in using the trailer, goods, or merchandise purchased under this agreement.
Warranty. Warranty on trailers varies by make and model. Please refer to the warranty information in your sales packet provided to you at the time you took delivery of the trailer. Service work performed by TrailersPlus employees is guaranteed against defects in workmanship for a period of 30 days from purchase.
Complete Agreement. Warranty on trailers varies by make and model. Please refer to the warranty information in your sales packet provided to you at the time you took delivery of the trailer. Service work performed by TrailersPlus employees is guaranteed against defects in workmanship for a period of 30 days from purchase.
Quotes may not include any applicable taxes, documentation or title fees, tire fees and/or any other recommended accessories. I, the purchaser, state that I am over eighteen years of age and have the legal right to transact business. Buyer acknowledges the receipt of a copy of this Agreement. BUYER HAS READ AND AGREES TO THE RETURN POLICY - NO RETURNS EXCEPT AS
PROVIDED HEREIN
I, the purchaser, state that I am over eighteen years of age and have the legal right to transact business. Buyer acknowledges the receipt of a copy of this Agreement. BUYER HAS READ AND AGREES TO THE RETURN POLICY - NO RETURNS Buyer's Signature: ${signfield:1:y:________} Date: ${datefield:1:y:Date_Signed:__} Buyer's Name: ${textfield:1:y:Signer_Name:________}
45 of 200
We're behind you all the way.
trailersplus.com
TrailersPlus Bakersfield
Invoice For:
City of Wasco
Invoice
Invoice: TRPL63-20174 Date: Date: 6-24-2025 Invoice Total: $9731.28 Color: BLACK VIN: 4RADU1024SK107358 Due: $9731.28
Year: 2025 Manufacturer: Interstate
For deposits placed on parts,or in-stock vehicles, the Buyer has 14 (fourteen) days from the invoice date to take delivery of the vehicle. The Seller may elect to extend the timeframe beyond 14 (fourteen) days by posting an additional, negotiable, non-refundable payment by the Buyer. All deposits and other considerations paid by the Buyer are non-refundable. In addition, where the timeframe has exceeded 14 (fourteen) business days and unless an extended timeframe has been negotiated, the Seller may place the vehicle and or parts back into inventory for resale at its sole discretion.
For deposits placed on special order parts and or vehicles, the Buyer has 14 (fourteen) days from the delivery of parts and or vehicles to the store to take delivery of the vehicle. The Seller may elect to extend the timeframe beyond 14 (fourteen) days by posting an additional, negotiable, non-refundable payment by the Buyer. All deposits and other considerations paid by the Buyer are non-refundable. In addition, where the timeframe has exceeded 14 (fourteen) business days and unless an extended timeframe has been negotiated, the Seller may place the vehicle and or parts back into inventory for resale at its sole discretion.
This document and the associated invoice represent the entire agreement between the Buyer and the Seller. All promises, verbal understandings, or agreements of any kind pertaining to this purchase not specified herein are not binding on the Seller.
I, the purchaser, state that I am over eighteen years of age and have the legal right to transact business. Buyer acknowledges the receipt of a copy of this Agreement. BUYER HAS READ AND AGREES TO THE RETURN POLICY - NO RETURNS Buyer's Signature: ${signfield:1:y:________} Date: ${datefield:1:y:Date_Signed:__} Buyer's Name: ${textfield:1:y:Signer_Name:________}
46 of 200
We're behind you all the way.
trailersplus.com
TrailersPlus Bakersfield
Invoice For:
City of Wasco
Invoice
Salesperson: Logan Elliott
TrailersPlus Bakersfield Phone: 661-335-6045
3303 Gulf Street www.trailersplus.com
Bakersfield, CA 93308 County: KERN
Customer Information Invoice TRPL63-20176 QUOTE VALID UNTIL 6-27-2025 Alberto Martinez Type:IBLRDU610TA3 VIN: 4RADU1024SK107957 764 e st Color:BLACK Manufacturer: Interstate
Wasco, CA 93280 USA Year: 2025 GVWR: 9990
Phone: 6615672517 GAWR: 5200 Curb Weight: 2910
Email: [email protected] Date: 6-24-2025
ITEM DESCRIPTION QTY UNITS EACH COST
Trailer Invoice
IBLRDU610TA3
6 x 10 10K Bumper Pull LoadRunner Dump
VIN:4RADU1024SK107957
1. MSRP $10820.00 $10820.00
DISCOUNT Dealer Discount Pre-approved 1.00 EACH $-3091.00 $-3091.00 DISCOUNTED TRAILER PRICE 1.00 $7729.00 $7729.00
TITLEFEE Title transfer-licensing fee 1.00 EACH $0.00 $0.00 Trailer Sales Tax TAX $637.64 $637.64
Parts/Service Invoice
CA-TITLE CA State DMV Fee 1.00 Each $24.00 $24.00
EFILEFEE Electronic Filing Fee. Filing provided by MVSC 1.00 EACH $34.00 $34.00 06-BK0005 Fastway Zip Trailer Breakaway Cable 4 Foot
Click For More Info
1.00 Piece $26.68 $26.68
09-CLP001 Coupler Latch Pin Simple
Click For More Info
1.00 Piece $5.10 $5.10
02-TR0215-BLK Tire Radial 225/75R15D on 6 Hole 655 Blk Mod Wheel
Click For More Info
1.00 Piece $324.80 $324.80
DOCFEE Documentary service processing fee 1.00 EACH $69.00 $69.00 09-DTR614 Dump Tarp 6 x 14 Mesh w/ Hardware Kit
Click For More Info
1.00 Piece $365.40 $365.40
LABOR Labor Charge per 30 MInutes 2.00 Time $105.00 $210.00 TIRETAX State imposed tire recycling tax/fee 1.00 EACH $8.75 $8.75 10-SF0001 Shop Fee 2.00 Each $7.00 $14.00
Parts/Service Sales Tax TAX $66.41 $66.41
Payments Applied
Invoice Total $9514.78
Total Collected $0.00
Due $9514.78
47 of 200
We're behind you all the way.
trailersplus.com
TrailersPlus Bakersfield
Invoice For:
City of Wasco
Invoice
AGREEMENT
Delivery and Payment. Delivery of parts or trailers is to be taken within 14 days of their arrival at Seller's location or the date of this invoice, whichever is later. Failure to do so shall be a breach of this agreement, and the seller may retain as damages the cash and all other considerations paid by Buyer. Seller receives checks and drafts, given in whole or in part payment, conditionally only. Seller does not guarantee the delivery dates of any vehicles, products, or services. By signing this form, the Buyer hereby waives the right to later dispute authorized charges made on a credit card used as payment on this invoice.
Cancellation and Refunds. Any payments on invoices that include labor, special order parts, or opened/used merchandise, or on registered trailers, are not refundable under any circumstance. All sales are final. All other refunds or cancellation are subject to a 25% restocking fee.
Arbitration and Waiver of Jury Trial. All irresolvable disputes or claims pertaining to the trailers, products, or services delivered by the Seller to the Buyer or the relationships that arise there from, whether based in contract, tort or otherwise, shall be resolved by binding individual arbitration under the expedited procedures of the Consumer Arbitration Rules of the American Arbitration Association (AAA), which can be found at www.adr.org/consumer. All claims are governed by the Federal Arbitration Act and the laws of the State of Idaho. The arbitrator shall have the authority to resolve all disputes about the applicability of this arbitration clause. Arbitration hearings will be held virtually, or where otherwise mutually agreed, including by written submissions. The AAA will appoint a single arbitrator. Judgment upon the award rendered in arbitration shall be final and may be entered in any court, state or federal, having jurisdiction. The arbitrator shall not award attorney's fees under this agreement, except that the Seller is allowed to recoup all costs (including attorney's fees) in recovering non-payment or delinquent payment by the Buyer, which expressly declines the arbitrator's authority under Idaho Code Section 7-910. IF A
DISPUTE OR CLAIM IS NOT SUBJECT TO ARBITRATION FOR ANY REASON, THEN THE DISPUTE OR CLAIM SHALL BE DECIDED IN A COURT OF COMPETENT JURISDICTION WITHOUT A JURY. YOU AND WE IRREVOCABLY WAIVE ALL RIGHTS TO TRIAL BY JURY AND TO BRING ANY CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION.
Notwithstanding the foregoing, in lieu of arbitration: (1) either you or the Company can bring an individual claim in small claims court consistent with any applicable jurisdictional and monetary limits that may apply, provided that it is brought and maintained as an individual claim; and (2) you or the Company may bring suit in court to enjoin infringement or other misuse of intellectual property rights. Prior to initiating any small claims action or arbitration, the initiating party shall give the other party at least 60 days advance written notice of its intent to file. The Company will provide such notice to Buyer's email address on file and Buyer must provide such notice by email to [email protected]. During such 60 day notice period, the parties shall attempt to amicably settle all disputes.
Limitation of Liability. Seller's liability for any and all claims arising out of this agreement will be limited to the total value of the vehicles, products, or services delivered under this agreement. Under no circumstances shall the Seller be liable to the Buyer or any other person for any special, incidental or consequential damages
Indemnity. You agree to defend, indemnify, and hold Company and its affiliates harmless from any claim or demand, including reasonable attorney's fees, made by any third party due to or arising out of your negligence in using the trailer, goods, or merchandise purchased under this agreement.
Warranty. Warranty on trailers varies by make and model. Please refer to the warranty information in your sales packet provided to you at the time you took delivery of the trailer. Service work performed by TrailersPlus employees is guaranteed against defects in workmanship for a period of 30 days from purchase.
Complete Agreement. Warranty on trailers varies by make and model. Please refer to the warranty information in your sales packet provided to you at the time you took delivery of the trailer. Service work performed by TrailersPlus employees is guaranteed against defects in workmanship for a period of 30 days from purchase.
Quotes may not include any applicable taxes, documentation or title fees, tire fees and/or any other recommended accessories. I, the purchaser, state that I am over eighteen years of age and have the legal right to transact business. Buyer acknowledges the receipt of a copy of this Agreement. BUYER HAS READ AND AGREES TO THE RETURN POLICY - NO RETURNS EXCEPT AS
PROVIDED HEREIN
I, the purchaser, state that I am over eighteen years of age and have the legal right to transact business. Buyer acknowledges the receipt of a copy of this Agreement. BUYER HAS READ AND AGREES TO THE RETURN POLICY - NO RETURNS 48 of 200
.
TO: Honorable Mayor and Council Members
FROM: M. Scott Hurlbert, City Manager
Charlie Fivecoat, Chief of Police
DATE: July 1, 2025
SUBJECT: Approval of Travel and Training Expenses Exceeding $500.00 for a Police Officer to attend the C alifornia Commission of Police Officer Standards POST Homicide Investigation Course scheduled for J uly 7 - 18, 2025, in McClellan, CA.
Recommendation:
Staff recommends the City Council:
1) Approve the travel and training expenses exceeding $500.00 for a Police Officer to attend the C alifornia Commission of Police Officer Standards POST Homicide Investigation Course scheduled for July 7 - 18, 2025, in McClellan, CA., and
2) Find that this action is not a project as defined under the California Environmental Quality Act State Guidelines; therefore, pursuant to State Guidelines Section 15378, no environmental review is required.
Environmental Review:
The staff has reviewed the proposed activity for complian ce with the California Environmental Quality Act(CEQA) and has determined that the activity is not a “Project” as defined under Section 15378 of the State CEQA guidelines because the proposed activity consists of a governmental fiscal/administrative activi ty which does not result in a physical change in the environment; therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines, the activity is not subject to CEQA. Thus, no environmental review is required.
Discussion:
Requesting City Council’s approval for Police Officer Alegria to attend a POST-certified Homicide Investigation Course. As a newly established department, it is essential that the Wasco Police Department continues to build its investigative capabilities, especially in handling serious crimes such as homicides. Ensuring we are prepared to respond effectively to these types of incidents is critical to maintaining public trust and delivering justice to victims and their families.
Officer Alegria has demonstrated strong potential in investigative work and would benefit greatly from this training. The course will provide essential skills in crime scene
STAFF REPORT
City of Wasco
49 of 200
management, suspect interviews, case development, and evidence handling skills that will immediately strengthen our department’s readiness.
This training will also help to lay the groundwork for future specialized roles and contribute to the overall growth of our department. Officer Alegria’s attendance is a valuable investment and recommend his participation.
Fiscal Impact:
The cost of travel and training is estimated to exceed $1,000. The adopted FY 2024-2025 Operating Budget contains sufficient funding to cover this expense: no budget action is required. The travel and per diem expenses are POST reimbursable.
Attachments:
1. Course information
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PLANNING, RESEARCH, AND TRAINING
DIVISION
LOCAL TRAINING REQUEST FORM
*REQUEST FOR TRAINING*
Name: POST ID: Badge:
Current Assignment (Shift):
Title of Class:
Homicide Investigation
Class Dates: 07/07/2025 – 07/18/2025
Presented by: No. California Reg. Public Safety Training Authority
Location: McClellan, CA
Duties Relevant to Training:
This course is designed for detectives who investigate homicides and is modeled in adult based learning. Each block of instruction will include hands on activities which require active participation from the class, or small group collaboration. Students/investigators in this class are required to investigate a fictitious homicide which will involve them in collecting/packaging evidence at the crime scene, following up on information provided to them, preparing a search warrant(s) and presenting their case to a panel of legal experts.
Number of Duty Days Included:
7 Sergeant Approval: Sgt. Approval Date:
Lieutenant Approval:
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By: Training Action: Enrolled Denied Deferred Comments:
Office Use Only: Waiting List: Registered:
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.
TO: Honorable Mayor and Council Members
FROM: M. Scott Hurlbert, City Manager
Luis Villa, Public Works Director
DATE: July 1, 2025
SUBJECT: A pproval of the acceptance of the Central Avenue Rehabilitation Project and Authorize the City Clerk to file the Notice of Completion. _____________________________________________________________________________________ Recommendation:
Staff recommend the City Council:
1) Approval of the acceptance of the Central Avenue Rehabilitation Project and authorize the City Clerk to file the Notice of Completion; and
2) Find that this action is not a project as defined under the California Environmental Quality Act State Guidelines; therefore, pursuant to State Guidelines Section 15378, no environmental review is required.
Environmental Review:
The staff has reviewed the proposed activity for compliance with the California Environmental Quality Act(CEQA) and has determined that the activity is not a “Project” as defined under Section 15378 of the State CEQA guidelines because the proposed activity consists of a governmental fiscal/administrative activity which does not result in a physical change in the environment; therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines, the activity is not subject to CEQA. Thus, no environmental review is required.
Discussion:
On December 3, 2024, the City Council approved a contract with Griffith Company to complete roadway improvements along Central Avenue between Filburn Avenue and HWY 46.
This Project started in February 2025, but due to weather held off the slurry sealing portion of the project until May to ensure the smallest possible impact to the public (closed roadways associated with slurry hardening time).
The project included grading, concrete, asphalt paving, slurry seal and striping and was funded with Regional Surface Transportation Project (RSTP) funds.
STAFF REPORT
City of Wasco
54 of 200
Fiscal Impact:
The 2024-2025 Capital Improvement Plan Project # 23021 budgeted $903,471.00 for the Construction of this Project. The final cost of the Project is $776,732.32 which is well within budget. Staff is considering using some of the local match remaining funds to put towards the budget for city-wide restriping or other eligible projects.
Attachments:
1. Notice of Acceptance
2. Notice of Completion
3. Final Balancing Change Order
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Public Works Office
(661) 758-7271 Fax (661) 758-1728
801 8th Street, Wasco, CA 93280
www.cityofwasco.org
NOTICE OF ACCEPTANCE
NOTICE IS HEREBY GIVEN that the Public Works Director, City of Wasco, State of California, by and through the powers vested in his office by the Members of the City Council has reviewed and accepted as complete the work performed under contract by the Contractor.
The information pertinent to this Notice is as follows:
1. Owner: City of Wasco
2. Contractor: Griffith Company
3. Surety of Faithful
Performance and
Labor and Material Bond: Liberty Mutual Insurance Company
4. Contract For: Central Avenue Rehabilitation Project
5. Date of Contract: December 3, 2024
6. Date of Completion: July 1, 2025
I, Luis Villa, hereby declare under penalty of perjury that the foregoing is true and the provisions of the contract have been met and are accepted on July 1, 2025.
Luis Villa
Public Works Director
City of Wasco
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Recording Requested By:
CITY OF WASCO
Maria Martinez, City Clerk
When Recorded Mail to:
City of Wasco
746 8th Street
Wasco, CA 93280
NOTICE OF COMPLETION
NOTICE IS HEREBY GIVEN THAT:
1. The undersigned is OWNER or Agent of the OWNER of the interest or estate stated below in the property hereinafter described.
2. The FULL NAME of the OWNER is City of Wasco
3. The FULL ADDRESS of the OWNER is 746 8th Street, Wasco CA 93280
4. The NATURE OF THE INTEREST or ESTATE of the undersigned is: In Fee.
(if other than fee, Strike "In Fee" and insert, for example, "Purchaser under contract of purchase," or "Lessee.")
5. The FULL NAMES and FULL ADDRESSES of ALL PERSONS, if any, WHO HOLD SUCH INTEREST or ESTATE with the undersigned as JOINT TENANTS IN COMMON are:
Names
Addresses
6. The full names and full addresses of the predecessors in interest of the undersigned if the property was transferred subse quent to the commencement of the work of improvement herein referred to:
Names
Addresses
7. A work of improvement on the property hereinafter described was COMPLETED July 1, 2025
8. The work of improvement completed is described as follows: Central Avenue Rehabilitation Project STPL 5287(061)
9. The NAME OF THE ORIGINAL CONTRACTOR, if any, for such work of improvement is: Griffith Company
10. The street address of said property is: Central Ave & Poso Ave, Wasco CA
11. The property on which said work of improvement was completed is in the City of W asco, County of Kern, State of California, and is described as follows:
This project included grading, paving, slurry seal and striping improvements.
07/01/2025
Date Valentin Medina, Mayor, City of Wasco
Verification for INDIVIDUAL owner
I, the undersigned, declare under penalty of perjury under the laws of the State of California that I am the owner of the aforesaid interest or estate in the property described in the above notice; that I have said notice, that I know and understand the contents thereof, and that the facts stated therein are true and correct.
NOT APPLICABLE
NOT APPLICABLE
Date and Place Signature of Owner named in paragraph 2
Verification for NON-INDIVIDUAL owner: I, the undersigned, declare under penalty of perjury under the laws of the State of California that I am the Mayor of the aforesaid interest or estate in the property described in the above notice; that I have read the said notice, that I k now and understand the contents thereof, and that the facts stated therein are true and correct.
07/01/2025, City of Wasco, CA ________________________ Date and Place Valentin Medina, Mayor, City of Wasco
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Public Works (661) 758-7270 Fax (661) 758-1728
764 E. Street, Wasco, CA. 93280
Final Balancing Change Order
Date of Contract: December 3, 2024 Date: July 1, 2025
Contract Amount: $620,567.00 Engineer: City Engineer
Contractor: Griffith Co. Project: Central Avenue Rehabilitation Project
INCREASE IN CONTRACT ITEMS OF WORK:
__________________________________ Estimated_ Actual__ Difference_____________________ Item #7 AC Paving 950 1720.22 770.22@$206/TON = $158,665.32 - Line item Increased due to existing asphalt
areas removed being 5-6” thick rather than
what was believed to be 3” thick.
Total Increase: = $158,665.32
DECREASE IN CONTRACT ITEMS OF WORK:
___________________________________ Estimated_ Actual__ Difference_____________________ Item #9 Type 2 Fiber Seal 351,000 345,444.44 (5,555.56) @ $0.45/SF =- $2,500.00
- Line item reduced due to change in
Final measured quantity of Fiber Seal area
Total Decrease: = -$2,500.00____
Original Contract Amount - - - - - - - - $620,567.00
Net Quantity Adjustments/Change Orders - - - - - - $156,165.32
Final Balance - - - - - - - - - - $776,732.32
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.
TO: Honorable Mayor and Council Members
FROM: M. Scott Hurlbert, City Manager
Luis Villa, Public Works Director
DATE: July 1, 2025
SUBJECT: Adopt a Resolution Authorizing The City Manager or designee to Endorse and enter into an Agreement with BHT Engineering, Inc. for the design phase of the Filburn Avenue WEST CMAQ Project in an amount not to exceed $86,697.50 and allowing the City Manager t o execute Contract Change Orders in an amount not to exceed an aggregate of $15,000.00.
Recommendation:
Staff recommends the City Council:
1) Adopt a Resolution Authorizing The City Manager or designee to Endorse and enter into an Agreement with BHT Engineering, Inc. for the design phase of the Filburn Avenue WEST CMAQ Project in an amount not to exceed $86,697.50 and allowing the City Manager to execute Contract Change Orders in an amount not to exceed an aggregate of $15,000.00; and
2) Find that this action is not a project as defined under the California Environmental Quality Act State Guidelines; therefore, pursuant to State Guidelines Section 15378, no environmental review is required.
Environmental Review:
Staff has reviewed the proposed Project f or compliance with the California Environmental Quality Act (CEQA) and has determined that the Project is categorically exempt pursuant to CEQA Section 15301C as it safeguards against injuries, improving the safety of pedestrians. Thus, no environmental review is required.
Discussion:
The City applied for two Congestion Mitigation and Air Quality (CMAQ) grants along Filburn Avenue in 2023. One from Central to Palm and the other from Griffith to G Street.
Both Projects include paving, sidewalks, bike lanes, and ADA ramp improvements on the South side of Filburn Avenue.
STAFF REPORT
City of Wasco
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Following the award of these grants , the Staff requested funding allocations for the design phase and subsequently received these allocations in April of 2025. Following receipt of the allo cation, the Staff prepared and advertised a request for design proposals on May 10, 2025. Three (3) Proposals were received on June 4, 2025 , and following Caltrans A&E guidelines, were reviewed for completeness, compliance with RFP requirements, and the qualifications of the proposers were individually ranked by a panel of City Staff.
After reviews were conducted, the Staff disqualified one of the bidders for not submitting required documentation and notified the proposer of this action. The remaining (2) Firms were interviewed, and ranking was concluded.
In conclusion of the rankings, the Staff unanimously agreed that BHT Engineering Inc. received the highest score. As such, Staff recommends awarding the design to BHT Engineering, Inc.
Fiscal Impact:
In the City Capital Improvement Project budget, the Council approved the CMAQ Filburn Shoulder Improvements – West Project. The project has an approved CIP design budget of $113,406.00 for the 24/25 FY . With BHT’s cost proposal not to exceed $86,697.50 plus $15,000 change order contingencies, the Project design is within budget.
Attachments:
1. Resolution
2. Agreement
3. Cost Analysis
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RESOLUTION NO. 2025 -
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WASCO AUTHORIZING THE CITY
MANAGER OR DESIGNEE TO AWARD, FINALIZE, AND ENTER INTO AN AGREEMENT FOR DESIGN WITH BHT ENGINEERING, INC. FOR THE FILBURN AVENUE CMAQ (WEST) PROJECT IN AN AMOUNT NOT TO EXCEED $86,697.50 AND AUTHORIZE THE CITY MANAGER OR DESIGNEE
TO EXECUTE CONTRACT CHANGE ORDERS IN AN AMOUNT NOT TO EXCEED AN AGGREGATE OF $15,000.00
WHEREAS, the City of Wasco wishes to contract with BHT Engineering, Inc. for the Filburn Avenue CMAQ (West) Project design services; and
WHEREAS, the services provided are described in the Agreement found in Exhibit “A” ; and
WHEREAS, said Agreement has been made in the form and manner prescribed by the City of Wasco Municipal Code and the California Public Contract Code; and
WHEREAS, BHT Engineering, Inc., and the City each acknowledge that each party and their respective legal counsel have reviewed the Agreement; and
WHEREAS, the Agreement shall be governed by and construed in accordance with the laws of the State of California; and
WHEREAS, BHT Engineering, Inc. agrees to comply with the State prevailing wage determinations in effect ten days prior to the bid opening of June 4, 2025; and
WHEREAS, allowing the City Manager or designee to execute Contract Change Orders not to exceed $15,000.00.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Wasco, as follows:
SECTION 1: authorizes the City Manager or designee to finalize and execute an Agreement with BHT Engineering, Inc. in an amount not to exceed $86,697.50.
SECTION 2: authorizes the City Manager or designee to execute Contract Change Orders in an amount not to exceed $15,000.00.
-o0o-
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I HEREBY CERTIFY that the foregoing Resolution No. 2025. - was passed and adopted by the Council of the City of Wasco at a regular meeting thereof held on July 1 , 2025, by the following vote:
COUNCIL MEMBERS: MEDINA, MARTINEZ, REYNA, SALDAÑA, RAYA AYES:
NOES:
ABSTAIN:
ABSENT:
__________________________
VALENTIN MEDINA,
MAYOR of the City of Wasco
Attest: _______________
__________________________________
MARIA O. MARTINEZ, CMC
CITY CLERK and Ex Officio Clerk of
the Council of the City of Wasco
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1 AGREEMENT
THIS AGREEMENT, made this _____ day of __________________, 20___, by and between the CITY OF WASCO, hereinafter called “City”, and BHT Engineering, Inc. hereinafter called “Engineer”.
WITNESSETH:
WHEREAS, City wishes to hire BHT Engineering for Engineering Services as more particularly described in Exhibit “A” attached hereto and incorporated herein by this reference.
NOW, THEREFORE, in consideration of the mutual covenants and conditions set forth hereinafter, the parties agree as follows:
1. The parties incorporate the foregoing recitals as if fully set forth herein verbatim.
2. City hereby contracts with Engineer to perform the Services pursuant to the terms and conditions of this Agreement and Engineer is agreeable thereto.
3. Engineer agrees to complete the Services on a time and materials basis, utilizing the employee rates attached hereto as Exhibit “ A” and by this reference made a part hereof (the “Fee”) for a total price of not to exceed $86,697.50 which shall represent the full and complete compensation due and owing. Engineer shall bill City by invoices no more often than monthly for the Services. Each invoice shall set forth the Services performed and the amount due and owing which may be reviewed by the City Manager or the City Manager's representative and approved for payment. Thereafter, each invoice shall be submitted to the City Council at the next regular1y scheduled meeting for which the matter can be presented for consideration. Upon approval by the City Council, the invoice shall be paid in the amounts approved by the City Council within a reasonable time thereafter.
(a) Engineer acknowledges that State and/or Federal funds are being utilized to assist in the funding of the construction required in this Agreement and agrees that any required terms, conditions or covenants related to the funding not specifically made a part of this Agreement are hereby incorporated by this reference and shall be made a part of this Agreement.
4. Engineer shall complete the Services within an approved amount of days from the date of a Notice to Proceed from the City. In the performance of Engineer 's 63 of 200
2 duties hereunder, Engineer shall provide all vehicles, tools, personnel, equipment, supplies and all such other items as are necessary or convenient to completing the Services at Engineer's sole cost and expense. Information, data, plans and specifications, and all other documents drafted or created by Engineer or on behalf of Engineer for City shall belong to City and Engineer hereby assigns all of its copyrights and interests therein to City, irrevocably and forever, and agrees that City shall be the owner of all such copyrights.
5. NULL
6. Engineer and any subcontractors shall maintain all books, documents, papers, accounting records, and other evidence pertaining to the performance of this Agreement or the work to be provided for hereunder.
7. If any action at law or in equity, including an action for declaratory relief, is brought to enforce or interpret the provisions of this Agreement, the prevailing party will be entitled to reasonable attorneys’ fees, which may be set by the court in the same action or in a separate action brought for that purpose, in addition to any other relief to which that party may be entitled.
8. (a) Engineer shall indemnify, defend, and hold harmless City, its officers, agents and employees against any and all liability, claims, actions, causes of action or demands whatsoever against them, arising from Engineer’s negligence, fraud, willful misconduct, criminal conduct, errors and omissions, or breaches of contract, or any of them, before administrative or judicial tribunals of any kind whatsoever, arising out of, connected with, or caused by Engineer, Engineer’s employees, agents, independent contractors, companies, or subcontractors in the performance of, or in any way arising from, the terms and provisions of this Agreement whether or not caused in part by a party indemnified hereunder, except for City’s sole active negligence or willful misconduct.
(b) In the event Engineer is a " design professional" as defined in Civil Code Section 2782.8, the Engineer shall indemnify, defend and hold harmless City, its officers, agents and employees against any and all liability, claims, actions, causes of action or demands, against them, or any of them, before administrative or judicial tribunals of any kind whatsoever, that only arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of Engineer and only for the Engineer’s proportionate percentage of fault.
9. Engineer represents and warrants that Engineer has workers compensation insurance as required by statute. Engineer represents and warrants that Engineer has professional errors and omissions insurance coverage in amounts not less than $1 million per claim. Engineer represents and warrants that Engineer has general public liability 64 of 200
3 insurance in the amount of $1,000,000 per occurrence and Engineer shall name City, its officers, councilmembers, and employees as additional insureds on its general liability insurance policy which shall be primary to any liability insurance policy or joint powers coverage maintained by the City and which shall provide City with at least ten days prior notice to termination or reduction in coverage.
10. In addition to any other methods of termination described in this Agreement, City may terminate this Agreement at any time upon determination that Engineer is not performing its duties properly or has otherwise breached this Agreement. In the event of termination based on nonperformance or other breach of this Agreement, City shall so notify Engineer in writing and this Agreement shall be immediately terminated thereafter.
In addition to the foregoing, City may terminate this Agreement upon ten (10) days written notice to Engineer at City's sole and absolute discretion. In the event of any termination, Engineer shall be entitled to payment for Engineer's performance of its obligations hereunder to the date of termination except for that performance which is the subject of Engineer’s default, subject to City's approval and acceptance of Engineer's performance.
11. a) Information, data, plans and specifications, and all other documents prepared by Engineer or others for City or on behalf of City shall be retained and maintained for City by Engineer in its office at no additional cost to City, with a final set to be delivered to City digitally, manually and/or hand carried. Engineer shall release all such files and documents as instructed by City from time to time, and all such files and documents shall belong to City.
(b) All documents produced, written, authored, coauthored or prepared by Engineer pursuant to this Agreement or in which Engineer has had any input whatsoever (the "City Documents") shall belong to City and City shall be the sole owner of same whether maintained on City premises or at Engineer’s offices. Engineer hereby assigns all copyrights to the foregoing to City. Any City Documents maintained at Engineer’s offices shall be transferred to City upon City's request at no charge to City. Any City Documents maintained at Engineer’s offices shall not be destroyed or removed without City's prior written consent, provided, however, that if Engineer does not wish to maintain them and City will not agree to their destruction, Engineer shall have the right to return them to City and City shall accept them. Engineer shall release all City Documents as instructed by City in writing from time to time.
12. The City, Engineer, and all subcontractors shall not discriminate on the basis of race, color, national origin, or sex in the performance of this Agreement.
13. The Engineer agrees to comply with the State and Federal prevailing wage determinations (whichever is the higher of the two) as described in Sections 1720 et seq. of the California Labor Code. . These wage determinations and regulations are considered a part of this Agreement.
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4 14. Engineer shall not assign any portion of this Agreement to any other person or entity without City’s prior written consent, which consent may be given, denied, or conditioned in City’s sole and absolute discretion.
15. If this Agreement or any portion of same shall be considered invalid by any court of competent jurisdiction, the invalid portion shall not affect the validity of the remainder of the Agreement which shall continue in full force and effect as if the invalid portion had not been included therein.
16. Any notice required or permitted under this Agreement or at law shall be deemed to be delivered when personally served on the party to be noticed or (a) on the next business day following deposit of the notice with an overnight delivery service, provided the overnight carrier's records confirm delivery or such date as shown on the overnight carrier’s records, (b) when delivered by United States Mail, Postage Prepaid, Registered or Certified Mail, Return Receipt Requested, with the date of signing the Return Receipt (or refusal to sign) deemed the date of service, (c) three business days following deposit in the United States Mail, Postage Prepaid, (d) when sent by confirmed facsimile transmission, or (e) when sent by electronic mail ("email"). The following addresses shall be used: City – City Manager, 746 8th Street, Wasco, California 93280, Fax - (661) 758-7214, Email – [email protected]; and Engineer – BHT Eng
ineering 218 S. H Street, Suite 201
Bakersfield, California 93304 Fax - (661) 558-4641, Email – [email protected] .
Any party may change any of the foregoing as it relates to the party by giving written notice to the other party in the manner set forth herein.
17. This Ag
reement may be amended only by a writing executed by all parties.
18. The parties hereto agree that this Agreement accurately reflects the agreement of the parties and is the product of negotiations between the parties, and shall not create a rebuttable presumption against the party who drafted same.
19. This Agreement contains all of the agreements of the parties with respect to all matters mentioned herein and no prior agreement or understanding pertaining to any such matter shall be effective.
20. This Agreement may be executed in counterparts. A facsimile or electronic copy of this fully executed Agreement shall be as effective as the original for all purposes.
21. This Agreement shall be governed by and construed in accordance with the laws of the State of California.
22. Waiver by a party of any provision of this Agreement shall not be considered a continuing waiver or a waiver of any other provision, including the time for performance of any such provision.
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5 23. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto, and their respective heirs, successors, and assigns. Notwithstanding the foregoing, Engineer shall not, under any conditions, assign this Agreement or any part thereof to any other entity or individual except as described in Section 14.
24. The parties hereby incorporate the terms and conditions set forth in Exhibit “C” attached hereto and by this reference made a part hereof. To the extent of any conflict or inconsistency between the provisions contained within the text of this Agreement and those in Exhibit C, the terms of Exhibit C shall prevail.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written.
City of Wasco
By:________________________________
M. Scott Hurlbert, City Manager
BHT, Engineering
By: ____________________________
Name: Juan Pantoja,
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6 EXHIBIT “A”
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7 EXHIBIT “B”
CITY OF WASCO CALTRANS FEDERALLY FUNDED PROJECTS PROVISIONS
ARTICLE I C OST PRINCIPLES AND ADMINISTRATIVE REQUIREMENTS A. The CONSULTANT agrees that 48 CFR Part 31, Contract Cost Principles and Procedures, shall be used to determine the allowability of individual terms of cost.
B. The CONSULTANT also agrees to comply with Federal procedures in accordance with 2 CFR Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards.
C. Any costs for which payment has been made to the CONSULTANT that are determined by subsequent audit to be unallowable under 48 CFR Part 31 or 2 CFR Part 200 are subject to repayment by the CONSULTANT to LOCAL AGENCY.
D. When a CONSULTANT or Subconsultant is a Non- Profit Organization or an I nstitution of Higher Education, the Cost Principles for Title 2 CFR Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards shall apply.
ARTICLE II RETENTION OF RECORD/AUDITS
For the purpose of determining compliance with Gov. Code § 8546.7, the CONSULTANT, Subconsultants, and LOCAL AGENCY shall maintain all books, documents, papers, accounting records, Independent CPA Audited Indirect Cost Rate workpapers, and other evidence pertaining to the performance of the AGREEMENT including, but not limited to, the costs of administering the AGREEMENT. All parties, including the CONSULTANT’s Independent CPA, shall make such workpapers and materials available at their respective offices at all reasonable times during the AGREEMENT period and for three (3) years from the date of final payment under the AGREEMENT. LOCAL AGENCY, Caltrans Auditor, FHWA, or any duly authorized representative of the Federal government having jurisdiction under Federal laws or regulations (including the basis of Federal funding in whole or in part) shall have access to any books, records, and documents of the CONSU LTANT, Subconsultants, and the CONSULTANT’s Independent CPA, that are pertinent to the AGREEMENT for audits, examinations, workpaper review, excerpts, and transactions, and copies thereof shall be furnished if requested without limitation.
ARTICLE III A
UDIT REVIEW PROCEDURES
A. Any dispute concerning a question of fact arising under an interim or post audit of this AGREEMENT that is not disposed of by AGREEMENT, shall be reviewed by LOCAL AGENCY’S Chief Financial Officer.
B. Not later than thirty (30) calendar days after issuance of the final audit report, CONSULTANT may request a review by LOCAL AGENCY’S Chief Financial Officer o f unresolved audit issues. The request for review will be submitted in writing.
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8 C. Neither the pendency of a dispute nor its consideration by LOCAL AGENCY will excuse CONSULTANT from full and timely performance, in accordance with the terms of this AGREEMENT.
D. CONSULTANT and subconsultant AGREEMENTs, including cost proposals and Indirect Cost Rates (ICR), may be subject to audits or reviews such as, but not limited to, an AGREEMENT audit, an incurred cost audit, an ICR Audit, or a CPA ICR audit work paper review. If selected for audit or review, the AGREEMENT, cost proposal and ICR and related work papers, if applicable, will be reviewed to verify compliance with 48 CFR Part 31 and other related laws and regulations. In the instances of a CPA ICR audit work paper review it is CONSULTANT’s responsibility to ensure federal, LOCAL AGENCY, or local government officials are allowed full access to the CPA’s work papers including making copies as necessary. The AGREEMENT, cost proposal, and ICR shall be adjusted by CONSULTANT and approved by LOCAL AGENCY Contract Administrator to conform to the audit or review recommendations. CONSULTANT agrees that individual terms of costs identified in the audit report shall be incorporated into the AGREEMENT by this reference if directed by LOCAL AGENCY at its sole discretion. Refusal by CONSULTANT to incorporate audit or review recommendations, or to ensure that the federal, LOCAL AGENCY or local governments have access to CPA work papers, will be considered a breach of AGREEMENT terms and cause for termination of the AGREEMENT and disallowance of prior reimbursed costs.
E. CONSULTANT’s Cost Proposal may be subject to a CPA ICR Audit Work Paper Review and/or audit by the Independent Office of Audits and Investigations (IOAI) . IOAI, at its sole discretion, may review and/or audit and approve the CPA ICR documentation. The Cost Proposal shall be adjusted by the CONSULTANT and approved by the LOCAL AGENCY Contract Administrator to conform to the Work Paper Review recommendations included in the management letter or audit recommendations included in the audit report. Refusal by the CONSULTANT to incorporate the Work Paper Review recommendations included in the management letter or audit recommendations included in the audit report will be considered a breach of the AGREEMENT terms and cause for termination of the AGREEMENT and disallowance of prior reimbursed costs.
1. During IOAI’s review of the ICR audit work papers created by the CONSULTANT’s independent CPA, IOAI will work with the CPA and/or CONSULTANT toward a resolution of issues that arise during the review. Each party agrees to use its best efforts to resolve any audit disputes in a timely manner. If IOAI identifies significant issues during the review and is unable to issue a cognizant approval letter, LOCAL AGENCY will reimburse the CONSULTANT at an accepted ICR until a FAR (Federal Acquisition Regulation) compliant ICR {e.g. 48 CFR Part 31; GAGAS (Generally Accepted Auditing Standards); CAS (Cost Accounting Standards), if applicable; in accordance with procedures and guidelines of the American Association of State Highways and Transportation Officials (AASHTO) Audit Guide; and other applicable procedures and guidelines}is received and approved by IOAI.
Accepted rates will be as follows:
a. If the proposed rate is less than one hundred fifty percent (150%) - the accepted rate reimbursed will be ninety percent (90%) of the proposed rate.
b. If the proposed rate is between one hundred fifty percent (150%) and two hundred percent (200%) - the accepted rate will be eighty -five percent (85%) of the proposed rate.
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9 c. If the proposed rate is greater than two hundred percent (200%) - the accepted rate will be seventy-five percent (75%) of the proposed rate.
2. If IOAI is unable to issue a cognizant letter per paragraph E.1. above, IOAI may require CONSULTANT to submit a revised independent CPA-audited ICR and audit report within three (3) months of the effective date of the management letter. IOAI will then have up to six (6) months to review the CONSULTANT’s and/or the independent CPA’s revisions.
3. If the CONSULTANT fails to comply with the provisions of this paragraph E, or if IOAI is still unable to issue a cognizant approval letter after the revised independent CPA audited ICR is submitted, overhead cost reimbursement will be limited to the accepted ICR that was established upon initial rejection of the ICR and set forth in paragraph E.1. above for all rendered services. In this event, this accepted ICR will become the actual and final ICR for reimbursement purposes under this AGREEMENT.
4. CONSULTANT may submit to LOCAL AGENCY final invoice only when all of the following items have occurred: (1) IOAI accepts or adjusts the original or revised independent CPA audited ICR; (2) all work under this AGREEMENT has been completed to the satisfaction of LOCAL AGENCY; and, (3) IOAI has issued its final ICR review letter. The CONSULTANT MUST SUBMIT ITS FINAL INVOICE TO LOCAL AGENCY no later than sixty (60) calendar days after occurrence of the last of these items. The accepted ICR will apply to this AGREEMENT and all other agreements executed between LOCAL AGENCY and the CONSULTANT, either as a prime or subconsultant, with the same fiscal period ICR.
ARTICLE IV EQ
UIPMENT PURCHASE AND OTHER CAPITAL EXPENDITURES
A. Prior authorization in writing by LOCAL AGENCY’s Contract Administrator shall be required before CONSULTANT enters into any unbudgeted purchase order, or subcontract exceeding five thousand dollars ($ 5,000) for supplies, equipment, or CONSULTANT services.
CONSULTANT shall provide an evaluation of the necessity or desirability of incurring such costs.
B. For purchase of any item, service, or consulting work not covered in CONSULTANT’s approved Cost Proposal and exceeding five thousand dollars ($5,000), with prior authorization by LOCAL AGENCY’s Contract Administrator, three competitive quotations must be submitted with the request, or the absence of proposal must be adequately justified.
C. Any equipment purchased with funds provided under the terms of this AGREEMENT is subject to the following:
1. CONSULTANT shall maintain an inventory of all nonexpendable property.
Nonexpendable property is defined as having a useful life of at least two years and an acquisition cost of five thousand dollars ($5,000) or more. If the purchased equipment needs replacement and is sold or traded in, LOCAL AGENCY shall receive a proper refund or credit at the conclusion of the AGREEMENT, or if the AGREEMENT is terminated, CONSULTANT may either keep the equipment and credit LOCAL AGENCY in an amount equal to its fair market value, or sell such equipment at the best price obtainable at a public or private sale, in accordance with established LOCAL AGENCY 71 of 200
10 procedures; and credit LOCAL AGENCY in an amount equal to the sales price. If CONSULTANT elects to keep the equipment, fair market value shall be determined at CONSULTANT’s expense, on the basis of a competent independent appraisal of such equipment. Appraisals shall be obtained from an appraiser mutually agreeable to by LOCAL AGENCY and CONSULTANT, if it is determined to sell the equipment, the terms and conditions of such sale must be approved in advance by LOCAL AGENCY.
2. Regulation 2 CFR Part 200 requires a credit to Federal funds when participating equipment with a fair market value greater than five thousand dollars ($5,000) is credited to the project.
ARTICLE V STATE PREVAILING WAGE RATES
A. No CONSULTANT or Subconsultant may be awarded an AGREEMENT containing public work elements unless registered with the Department of Industrial Relations (DIR) pursuant to Labor Code §1725.5. Registration with DIR must be maintained throughout the entire term of this AGREEMENT, including any subsequent amendments.
B. The CONSULTANT shall comply with all of the applicable provisions of the California Labor Code requiring the payment of prevailing wages. The General Prevailing Wage Rate Determinations applicable to work under this AGREEMENT are available and on file with the Department of Transportation's Regional/District Labor Compliance Officer (https://dot.ca.gov/programs/construction/labor-compliance). These wage rates are made a specific part of this AGREEMENT by reference pursuant to Labor Code §1773.2 and will be applicable to work performed at a construction project site. Prevailing wages will be applicable to all inspection work performed at LOCAL AGENCY construction sites, at LOCAL AGENCY facilities and at off-site locations that are set up by the construction Engineer or one of its sub Engineers solely and specifically to serve LOCAL AGENCY projects. Prevailing wage requirements do not apply to inspection work performed at the facilities of vendors and commercial materials suppliers that provide goods and services to the general public.
C. General Prevailing Wage Rate Determinations applicable to this project may also be obtained from the Department of Industrial Relations website at http://www.dir.ca.gov.
D. Payroll Records
1. Each CONSULTANT and Subconsultant shall keep accurate certified payroll records and supporting documents as mandated by Labor Code §1776 and as defined in 8 CCR §16000 showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by the CONSULTANT or Subconsultant in connection with the public work. Each payroll record shall contain or be verified by a written declaration that it is made under penalty of perjury, stating both of the following:
a. The information contained in the payroll record is true and correct.
b. The employer has complied with the requirements of Labor Code §1771, §1811, and §1815 for any work performed by his or her employees on the public works project.
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11 2. The payroll records enumerated under paragraph (1) above shall be certified as correct by the CONSULTANT under penalty of perjury. The payroll records and all supporting documents shall be made available for inspection and copying by LOCAL AGENCY representatives at all reasonable hours at the principal office of the CONSULTANT. The CONSULTANT shall provide copies of certified payrolls or permit inspection of its records as follows:
a. A certified copy of an employee's payroll record shall be made available for inspection or furnished to the employee or the employee's authorized representative on request.
b. A certified copy of all payroll records enumerated in paragraph (1) above, shall be made available for inspection or furnished upon request to a representative of LOCAL AGENCY, the Division of Labor Standards Enforcement and the Division of Apprenticeship Standards of the Department of Industrial Relations. Certified payrolls submitted to LOCAL AGENCY, the Division of Labor Standards Enforcement and the Division of Apprenticeship Standards shall not be altered or obliterated by the CONSULTANT.
c. The public shall not be given access to certified payroll records by the CONSULTANT.
The CONSULTANT is required to forward any requests for certified payrolls to the LOCAL AGENCY Contract Administrator by both email and regular mail on the business day following receipt of the request.
3. Each CONSULTANT shall submit a certified copy of the records enumerated in paragraph (1) above, to the entity that requested the records within ten (10) calendar days after receipt of a written request.
4. Any copy of records made available for inspection as copies and furnished upon request to the public or any public agency by LOCAL AGENCY shall be marked or obliterated in such a manner as to prevent disclosure of each individual's name, address, and social security number. T he name and address of the CONSULTANT or Subconsultant performing the work shall not be marked or obliterated.
5. The CONSULTANT shall inform LOCAL AGENCY of the location of the records enumerated under paragraph (1) above, including the street address, city and county, and shall, within five (5) working days, provide a notice of a change of location and address.
6. The CONSULTANT or Subconsultant shall have ten (10) calendar days in which to comply subsequent to receipt of written notice requesting the records enumerated in paragraph (1) above. In the event the CONSULTANT or Subconsultant fails to comply within the ten (10) day period, he or she shall, as a penalty to LOCAL AGENCY, forfeit one hundred dollars ($100) for each calendar day, or portion thereof, for each worker, until strict compliance is effectuated. Such penalties shall be withheld by LOCAL AGENCY from payments then due. CONSULTANT is not subject to a penalty assessment pursuant to this section due to the failure of a Subconsultant to comply with this section.
E. When prevailing wage rates apply, the CONSULTANT is responsible for verifying compliance with certified payroll requirements. Invoice payment will not be made until the invoice is approved by the LOCAL AGENCY Contract Administrator.
F. Penalty
1. The CONSULTANT and any of its Subconsultants shall comply with Labor Code §1774 and §1775. Pursuant to Labor Code §1775, the CONSULTANT and any Subconsultant 73 of 200
12 shall forfeit to the LOCAL AGENCY a penalty of not more than two hundred dollars ($200) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the Director of DIR for the work or craft in which the worker is employed for any public work done under the AGREEMENT by the CONSULTANT or by its Subconsultant in violation of the requirements of the Labor Code and in particular, Labor Code §§1770 to 1780, inclusive.
2. The amount of this forfeiture shall be determined by the Labor Commissioner and shall be based on consideration of mistake, inadvertence, or neglect of the CONSULTANT or Subconsultant in failing to pay the correct rate of prevailing wages, or the previous record of the CONSULTANT or Subconsultant in meeting their respective prevailing wage obligations, or the willful failure by the CONSULTANT or Subconsultant to pay the correct rates of prevailing wages. A mistake, inadvertence, or neglect in failing to pay the correct rates of prevailing wages is not excusable if the CONSULTANT or Subconsultant had knowledge of the obligations under the Labor Code. The CONSULTANT is responsible for paying the appropriate rate, including any escalations that take place during the term of the AGREEMENT.
3. In addition to the penalty and pursuant to Labor Code §1775, the difference between the prevailing wage rates and the amount paid to each worker for each calendar day or portion thereof for which each worker was paid less than the prevailing wage rate shall be paid to each worker by the CONSULTANT or Subconsultant.
4. If a worker employed by a Subconsultant on a public works project is not paid the general prevailing per diem wages by the Subconsultant, the prime CONSULTANT of the project is not liable for the penalties described above unless the prime CONSULTANT had knowledge of that failure of the Subconsultant to pay the specified prevailing rate of wages to those workers or unless the prime CONSULTANT fails to comply with all of the following requirements:
a. The AGREEMENT executed between the CONSULTANT and the Subconsultant for the performance of work on public works projects shall include a copy of the requirements in Labor Code §§ 1771, 1775, 1776, 1777.5, 1813, and 1815.
b. The CONSULTANT shall monitor the payment of the specified general prevailing rate of per diem wages by the Subconsultant to the employees by periodic review of the certified payroll records of the Subconsultant.
c. Upon becoming aware of the Subconsultant’s failure to pay the specified prevailing rate of wages to the Subconsultant’s workers, the CONSULTANT shall diligently take corrective action to halt or rectify the failure, including but not limited to, retaining sufficient funds due the Subconsultant for work performed on the public works project.
d. Prior to making final payment to the Subconsultant for work performed on the public works project, the CONSULTANT shall obtain an affidavit signed under penalty of perjury from the Subconsultant that the Subconsultant had paid the specified general prevailing rate of per diem wages to the Subconsultant’s employees on the public works project and any amounts due pursuant to Labor Code §1813.
5. Pursuant to Labor Code §1775, LOCAL AGENCY shall notify the CONSULTANT on a public works project within fifteen (15) calendar days of receipt of a complaint that a Subconsultant has failed to pay workers the general prevailing rate of per diem wages.
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13 6. If LOCAL AGENCY determines that employees of a Subconsultant were not paid the general prevailing rate of per diem wages and if LOCAL AGENCY did not retain sufficient money under the AGREEMENT to pay those employees the balance of wages owed under the general prevailing rate of per diem wages, the CONSULTANT shall withhold an amount of moneys due the Subconsultant sufficient to pay those employees the general prevailing rate of per diem wages if requested by LOCAL AGENCY.
G. Hours of Labor
Eight (8) hours labor constitutes a legal day's work. The CONSULTANT shall forfeit, as a penalty to the LOCAL AGENCY, twenty -five dollars ($25) for each worker employed in the execution of the AGREEMENT by the CONSULTANT or any of its Subconsultants for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any one calendar day and forty (40) hours in any one calendar week in viola tion of the provisions of the Labor Code, and in particular §§1810 to 1815 thereof, inclusive, except that work performed by employees in excess of eight (8) hours per day, and forty (40) hours during any one week, shall be permitted upon compensation for all hours worked in excess of eight (8) hours per day and forty (40) hours in any week, at not less than one and one-half (1.5) times the basic rate of pay, as provided in §1815.
H. Employment of Apprentices
1. Where either the prime AGREEMENT or the subagreement exceeds thirty thousand dollars ($30,000), the CONSULTANT and any subconsultants under him or her shall comply with all applicable requirements of Labor Code §§ 1777.5, 1777.6 and 1777.7 in the employment of apprentices.
2. CONSULTANTs and su bconsultants are required to comply with all Labor Code requirements regarding the employment of apprentices, including mandatory ratios of journey level to apprentice workers. Prior to commencement of work, CONSULTANT and subconsultants are advised to contact the DIR Division of Apprenticeship Standards website at https://www.dir.ca.gov/das/, for additional information regarding the employment of apprentices and for the specific journey -to- apprentice ratios for the AGREEMENT work. The CONSULTANT is responsible for all subconsultants’ compliance with these requirements. Penalties are specified in Labor Code §1777.7.
ARTICLE VI CONFLICT OF INTEREST
A. During the term of this AGREEMENT, the CONSULTANT shall disclose any financial, business, or other relationship with LOCAL AGENCY that may have an impact upon the outcome of this AGREEMENT or any ensuing LOCAL AGENCY construction project. The CONSULTANT shall also list current clients who may have a financial interest in the outcome of this AGREEMENT or any ensuing LOCAL AGENCY construction project which will follow.
B.CONSULTANT certifies that it has disclosed to LOCAL AGENCY any actual, apparent, or potential conflicts of interest that may exist relative to the services to be provided pursuant to this A GREEMENT. CONSULTANT agrees to advise LOCAL AGENCY of any actual, apparent or potential conflicts of interest that may develop subsequent to the date of execution of this AGREEMENT. CONSULTANT further agrees to complete any statements of economic interest if required by either LOCAL AGENCY ordinance or State law.
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14 C. The CONSULTANT hereby certifies that it does not now have nor shall it acquire any financial or business interest that would conflict with the performance of services under this AGREEMENT.
D. The CONSULTANT hereby certifies that the CONSULTANT or subconsultant and any firm affiliated with the CONSULTANT or subconsultant that bids on any construction contract or on any Agreement to provide construction inspection for any construction project resulting from this AGREEMENT, has established necessary controls to ensure a conflict of interest does not exist. An affiliated firm is one, which is subject to the control of the same persons, through joint ownership or otherwise.
ARTICLE VII REBATES, KICKBACKS OR OTHER UNLAWFUL CONSIDERATION
The CONSULTANT warrants that this AGREEMENT was not obtained or secured through rebates, kickbacks or other unlawful consideration either promised or paid to any LOCAL AGENCY employee. For breach or violation of this warranty, LOCAL AGENCY shall have the right, in its discretion, to terminate this AGREEMENT without liability, to pay only for the value of the work actually performed, or to deduct from this AGREEMENT price or otherwise recover the full amount of such rebate, kickback or other unlawful consideration.
ARTICLE V III PROHIBITION OF EXPENDING LOCAL AGENCY, STATE, OR FEDERAL
FUNDS FOR LOBBYING
A. The CONSULTANT certifies, to the best of his or her knowledge and belief, that:
1. No State, Federal, or LOCAL AGENCY appropriated funds have been paid or will be paid, by or on behalf of the CONSULTANT, to any person for influencing or attempting to influence an officer or employee of any local, State, or Federal agency, a Member of the State Legislature or United States Congress, an officer or employee of the Legislature or Congress, or any employee of a Member of the Legislature or Congress in connection with the awarding or making of this AGREEMENT, or with the extension, continuation, renewal, amendment, or modification of this AGREEMENT.
2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with this AGREEMENT, the CONSULTANT shall complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions.
B. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31 U.S.C. §1352. Any person who fails to file the required certification shall be subject to a civil penalty of not less than te n thousand dollars ($10,000) and not more than one hundred thousand dollars ($100,000) for each such failure.
C. The CONSULTANT also agrees by signing this document that he or she shall require that the language of this certification be included in all lower tier subagreements, which exceed one hundred thousand dollars ($100,000), and that all such subrecipients shall certify and disclose accordingly.
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15 ARTICLE IX NO N-DISCRIMINATION CLAUSE AND STATEMENT OF COMPLIANCE
A. The CONSULTANT’s signature affixed herein and dated shall constitute a certification under penalty of perjury under the laws of the State of California that the CONSULTANT has, unless exempt, complied with the nondiscrimination program requirements of Gov. Code §12990 and 2 CCR § 8103.
B. During the performance of this AGREEMENT, CONSULTANT and its subconsultants shall not deny the AGREEMENT’s benefits to any person on the basis of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status, nor shall they unlawfully discriminate, harass, or allow harassment against any employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status. CONSULTANT and subconsultants shall insure that the evaluation and treatment of their employees and applicants for employment are free from such discrimination and harassment.
C. CONSULTANT and subconsultants shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code §12990 et seq.), the applicable regulations promulgated there under (2 CCR §11000 et seq.), the provisions of Gov. Code §§11135-11139.5, and the regulations or standards adopted by LOCAL AGENCY to implement such article. The applicable regulations of the Fair Employment and Housing Commission implementing Gov. Code §12990 (a-f), set forth 2 CCR §§8100-8504, are incorporated into this AGREEMENT by reference and made a part hereof as if set forth in full.
D. CONSULTANT shall permit access by representatives of the Department of Fair Employment and Housing and the LOCAL AGENCY upon reasonable notice at any time during the normal business hours, but in no case less than twenty-four (24) hours’ notice, to such of its books, records, accounts, and all other sources of information and its facilities as said Department or LOCAL AGENCY shall require to ascertain compliance with this clause.
E. CONSULTANT and its subconsultants shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other Agreement.
F. CONSULTANT shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under this AGREEMENT.
G. The CONSULTANT, with regard to the work performed under this AGREEMENT, shall act in accordance with Title VI of the Civil Rights Act of 1964 (42 U.S.C. §2000d et seq.). Title VI provides that the recipients of federal assistance will implement and maintain a policy of nondiscrimination in which no person in the United States shall, on the basis of race, color, national origin, religion, sex, age, disability, be excluded from participation in, denied the benefits of or subject to discrimination under any program or activity by the recipients of federal assistance or their assignees and successors in interest.
H. The CONS ULTANT shall comply with regulations relative to non- discrimination in federally-assisted programs of the U.S. Department of Transportation (49 CFR Part 21 - Effectuation of Title VI of the Civil Rights Act of 1964). Specifically, the CONSULTANT shall not 77 of 200
16 participate either directly or indirectly in the discrimination prohibited by 49 CFR §21.5, including employment practices and the selection and retention of Subconsultants.
I. CONSULTANT, subrecipient or subconsultant will never exclude any person from participation in, deny any person the benefits of, or otherwise discriminate against anyone in connection with the award and performance of any contract covered by 49 CFR 26 on the basis of race, color, sex, or national origin. In administering the LOCAL AGENCY components of the DBE Program Plan, CONSULTANT, subrecipient or subconsultant will not, directly, or through contractual or other arrangements, use criteria or methods of administration that have the effect of defeating or substantially impairing accomplishment of the objectives of the DBE Program Plan with respect to individuals of a particular race, color, sex, or national origin.
ARTICLE X DEBARMENT AND SUSPENSION CERTIFICATION
A. The CONSULTANT’s signature affixed herein shall constitute a certification under penalty of perjury under the laws of the State of California, that the CONSULTANT or any person associated therewith in the capacity of owner, partner, director, officer or manager:
1. Is not currently under suspension, debarment, voluntary exclusion, or determination of ineligibility by any federal agency;
2. Has not been suspended, debarred, voluntarily excluded, or determined ineligible by any federal agency within the past three (3) years;
3. Does not have a proposed debarment pending; and
4. Has not been indicted, convicted, or had a civil judgment rendered against it by a court of competent jurisdiction in any matter involving fraud or official misconduct within the past three (3) years.
B. Any exceptions to this certification mu st be disclosed to LOCAL AGENCY. Exceptions will not necessarily result in denial of recommendation for award, but will be considered in determining responsibility. Disclosures must indicate the party to whom the exceptions apply, the initiating agency, and the dates of agency action.
C. Exceptions to the Federal Government Excluded Parties List System maintained by the U.S.
General Services Administration are to be determined by FHWA.
ARTICLE XI DISADVANTAGED BUSINESS ENTERPRISES (DBE) PARTICIPATION
A. CONSULTANT, subrecipient (LOCAL AGENCY), or subconsultant shall take necessary and reasonable steps to ensure that DBEs have opportunities to participate in the contract (49 CFR 26). To ensure equal participation of DBEs provided in 49 CFR 26.5, The LOCAL AGENCY shows a contract goal for DBEs. CONSULTANT shall make work available to DBEs and select work parts consistent with available DBE subconsultants and suppliers.
CONSULTANT shall meet the DBE goal shown elsewhere in these special provisions or demonstrate that they made adequate good faith efforts to meet this goal. It is CONSULTANT’s responsibility to verify that the DBE firm is certified as DBE at date of proposal opening and document the record by printing out the California Unified Certification 78 of 200
17 Program (CUCP) data for each DBE firm. A list of DBEs certified by the CUCP can be found here.
All DBE participation will count toward the California Department of Transportation’s federally mandated statewide overall DBE goal. Credit for materials or supplies CONSULTANT purchases from DBEs counts towards the goal in the following manner:
• 100 percent counts if the materials or supplies are obtained from a DBE manufacturer. • 60 percent counts if the materials or supplies are purchased from a DBE regular dealer. • Only fees, commissions, and charges for assistance in the procurement and delivery of materials or supplies count if obtained from a DBE that is neither a manufacturer nor regular dealer. 49CFR26.55 defines "manufacturer" and "regular dealer."
This AGREEMENT is subject to 49 CFR Part 26 entitled “Participation by Disadvantaged Business Enterpris es in Department of Transportation Financial Assistance Programs”.
CONSULTANTs who enter into a federally -funded agreement will assist the LOCAL AGENCY in a good faith effort to achieve California's statewide overall DBE goal.
B. The goal for DBE partici pation for this AGREEMENT is _________%. Participation by DBE CONSULTANT or subconsultants shall be in accordance with information contained in Exhibit 10-O 2: Consultant Contract DBE Commitment attached hereto and incorporated as part of the AGREEMENT. If a DBE subconsultant is unable to perform, CONSULTANT must make a good faith effort to replace him/her with another DBE subconsultant, if the goal is not otherwise met.
C. CO
NSULTANT can meet the DBE participation goal by either documenting commitments to DBEs to meet the AGREEMENT goal, or by documenting adequate good faith efforts to meet the AGREEMENT goal. An adequate good faith effort means that the CONSULTANT must show that it took all necessary and reasonable steps to achieve a DBE goal that, by their scope, intensity, and appropriateness to the objective, could reasonably be expected to meet the DBE goal. If CONSULTANT has not met the DBE goal, complete and submit Exhibit 15- H: DBE Information – Good Faith Efforts to document efforts to meet the goal. Refer to 49 CFR Part 26 for guidance regarding evaluation of good faith efforts to meet the DBE goal.
D. C
ontract Assurance Under 49 CFR 26.13(b):
CONSULTANT, subrecipient or subconsultant shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. CONSU LTANT shall carry out applicable requirements of 49 CFR 26 in the award and administration of federal -aid contracts.
Failure by the CONSULTANT to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the recipient deems appropriate, which may include, but is not limited to:
(1) Withholding monthly progress payments;
(2) Assessing sanctions;
(3) Liquidated damages; and/or
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18 (4) Disqualifying CONSULTANT from future proposing as non-responsible
E. Termination and Substitution of DBE Subconsultants
CONSULTANT shall utilize the specific DBEs listed to perform the work and supply the materials for which each is listed unless CONSULTANT or DBE subconsultant obtains the LOCAL AGENCY’s written consent. CONSULTANT shall not terminate or substitute a listed DBE for convenience and perform the work with their own forces or obtain materials from other sources without authorization from the LOCAL AGENCY. Unless the LOCAL AGENCY’s consent is provided, the CONSULTANT shall not be entitled to any payment for work or material unless it is performed or supplied by the listed DBE on the Exhibit 10- 02 Consultant Contract DBE Commitment form, included in the Bid.
The LOCAL AGENCY authorizes a request to use other forces or sources of materials if CONSULTANT shows any of the following justifications:
1. Listed DBE fails or refuses to execute a written contract based on plans and specifications for the project.
2. The LOCAL AGENCY stipulated that a bond is a condition of executing the subcontract and the listed DBE fails to meet the LOCAL AGENCY’s bond requirements.
3. Work requires a consultant's license and listed DBE does not have a valid license under Engineers License Law.
4. Listed DBE fails or refuses to perform the work or furnish the listed materials (failing or refusing to perform is not an allowable reason to remove a DBE if the failure or refusal is a result of bad faith or discrimination).
5. Listed DBE's work is unsatisfactory and not in compliance with the contract.
6. Listed DBE is ineligible to work on the project because of suspension or debarment.
7. Listed DBE becomes bankrupt or insolvent.
8. Listed DBE voluntarily withdraws with written notice from the Contract
9. Listed DBE is ineligible to receive credit for the type of work required.
10. Listed DBE owner dies or becomes disabled resulting in the inability to perform the work on the Contract.
11. The LOCAL AGENCY determines other documented good cause.
CONSULTANT shall notify the original DBE of the intent to use other forces or material sources and provide the reasons and provide the DBE with 5 days to respond to the notice and advise CONSULTANT and the LOCAL AGENCY of the reasons why the use of other forces or sources of materials should not occur.
CONSULTANT’s request to use other forces or material sources must include:
1. One or more of the reasons listed in the preceding paragraph.
2. Notices from CONSULTANT to the DBE regarding the request.
3. Notices from the DBEs to CONSULTANT regarding the request. 80 of 200
19 If a listed DBE is terminated or substituted, CONSULTANT must make good faith efforts to find another DBE to substitute for the original DBE. The substitute DBE must perform at least the same amount of work as the original DBE under the contract to the extent needed to meet or exceed the DBE goal.
F. Commitment and Utilization
The LOCAL AGENCY’s DBE program must include a monitoring and enforcement mechanism to ensure that DBE commitments reconcile to DBE utilization.
The LOCAL AGENCY shall request CONSULTANT to:
1. Notify the LOCAL AGENCY’s contract administrator or designated representative of any changes to its anticipated DBE participation
2. Provide this notification before starting the affected work
3. Maintain records including:
• Name and business address of each 1st-tier subconsultant • Name and business address of each DBE subconsultant, DBE vendor, and DBE trucking company, regardless of tier
• Date of payment and total amount paid to each business (see Exhibit 9- F Monthly Disadvantaged Business Enterprise Payment)
If CONSULTANT is a DBE CONSULTANT, they shall include the date of work performed by their own forces and the corresponding value of the work.
If a DBE is decertified before completing its work, the DBE must notify CONSULTANT in writing of the decertification date. If a business becomes a certified DBE before completing its work, the b usiness must notify CONSULTANT in writing of the certification date.
CONSULTANT shall submit the notifications to the LOCAL AGENCY. On work completion, CONSULTANT shall complete a Disadvantaged Business Enterprises (DBE) Certification Status Change, Exhibit 17 -O, form and submit the form to the LOCAL AGENCY within 30 days of contract acceptance.
Upon work completion, CONSULTANT shall complete Exhibit 17- F Final Report – Utilization of Disadvantaged Business Enterprises (DBE), First -Tier Sub Engineers and submit it to the LOCAL AGENCY within 90 days of contract acceptance. The LOCAL AGENCY will withhold $10,000 until the form is submitted. The LOCAL AGENCY will release the withhold upon submission of the completed form.
In the LOCAL AGENCY’s reports of DBE participation to Caltrans, the LOCAL AGENCY must display both commitments and attainments.
G. A DBE is only eligible to be counted toward the AGREEMENT goal if it performs a commercially useful function (CUF) on the AGREEMENT. CUF must be evaluated on an agreement by agreement basis. A DBE performs a Commercially Useful Function (CUF) when it is responsible for execution of the work of the AGREEMENT and is carrying out its responsibilities by actually performing, managing, and supervising the work involved. To perform a CUF, the DBE must also be responsible, with respect to materials and supplies used on the AGREEMENT, for negotiating price, determining quality and quantity, ordering the material and installing (where applicable), and paying for the material itself. To determine 81 of 200
20 whether a DBE is performing a CUF, evaluate the amount of work subcontr acted, industry practices, whether the amount the firm is to be paid under the AGREEMENT is commensurate with the work it is actually performing, and other relevant factors.
H. A DBE does not perform a CUF if its role is limited to that of an extra part icipant in a transaction, AGREEMENT, or project through which funds are passed in order to obtain the appearance of DBE participation. In determining whether a DBE is such an extra participant, examine similar transactions, particularly those in which DBEs do not participate.
I. If a DBE does not perform or exercise responsibility for at least thirty percent (30%) of the total cost of its AGREEMENT with its own work force, or the DBE subcontracts a greater portion of the work of the AGREEMENT than would be expected on the basis of normal industry practice for the type of work involved, it will be presumed that it is not performing a CUF.
J. CONSULTANT shall maintain records of materials purchased or supplied from all subcontracts entered into with certified DBEs. The records shall show the name and business address of each DBE or vendor and the total dollar amount actually paid each DBE or vendor, regardless of tier. The records shall show the date of payment and the total dollar figure paid to all firms. DBE CONSULTANT’s shall also show the date of work performed by their own forces along with the corresponding dollar value of the work.
K. If a DBE subconsultant is decertified during the life of the AGREEMENT, the decertified subconsultant shall notif y CONSULTANT in writing with the date of decertification. If a subconsultant becomes a certified DBE during the life of the AGREEMENT, the subconsultant shall notify CONSULTANT in writing with the date of certification. Any changes should be reported to LOCAL AGENCY’s Contract Administrator within thirty (30) calendar days.
L. After submitting an invoice for reimbursement that includes a payment to a DBE, but no later than the 10
th of the following month, the prime Engineer/consultant shall complete and email the Exhibit 9- F: Disadvantaged Business Enterprise Running Tally of Payments to [email protected] with a copy to the Agency.
M. Any subcontract en tered into as a result of this AGREEMENT shall contain all of the provisions of this section.
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Local Agency : City of Wasco
Project Name : Filburn CMAQ WEST 5287(067)
Project Location : Filburn Ave. from Central Ave. to Palm Ave.
Control No. :
Local Agency Responsible Charge : Kameron Arnold
Phone : 661-758-7204
E-mail : [email protected]
Date : 6/19/2025
Local Agency Cost Estimate Description Unit
Construction Manager Hours
Contract Manager Hours
Administrative Assistant Hours
Principal Engineer Hours
Draftsman Hours
Mileage Miles
Soil Testing LS
Total:
Cost Proposal: (BHT ENGINEERING)
Professional Engineer Hours
Project Manager Hours
Assistant Project Manager Hours
Administrative Assistant Hours
Mileage Miles
Soil Testing LS
Total:
COST ANALYSIS
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Quantity Unit Cost Amount -
50 140.00$ 7,000.00$ 4,900.00$
50 100.00$ 5,000.00$ 3,500.00$
50 70.00$ 3,500.00$ 2,450.00$
160 160.00$ 25,600.00$ 17,920.00$
200 120.00$ 24,000.00$ 16,800.00$
480 0.75$ 360.00$ 252.00$
1 15,000.00$ 15,000.00$ 10,500.00$
80,460.00$ 56,322.00$
250 165.00$ 41,250.00$
175 155.00$ 27,125.00$ Narrative:
75 110.00$ 8,250.00$
40 65.00$ 2,600.00$
450 0.65$ 292.50$
1 7,180.00$ 7,180.00$
86,697.50$
Color coding is intended to link cost estimate descriptions to proposed descriptions. Project total cost estimated to be $6,237.50 higher than cost estimate, but each individual (and total) cost is within the proposed 30% acceptable range. As such, no negotiation is necessary.
Acceptable Range (+/- 30%)
Negotiable via Range?
Acceptable
Acceptable
Acceptable
Acceptable
Acceptable
Acceptable
Acceptable
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+
9,100.00$
6,500.00$
4,550.00$
33,280.00$
31,200.00$
468.00$
19,500.00$
104,598.00$
Color coding is intended to link cost estimate descriptions to proposed descriptions. Project total cost estimated to be $6,237.50 higher than cost estimate, but each individual (and total) cost is within the proposed 30% Acceptable Range (+/- 30%)
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.
TO: Honorable Mayor and Council Members
FROM: M. Scott Hurlbert, City Manager
Luis Villa, Public Works Director
DATE: July 1, 2025
SUBJECT: Adopt a Resolution Authorizing the City Manager or Designee to Endorse and Enter into an Agreement with BHT Engineering, Inc. for the D esign Phase of the Filburn Avenue EAST CMAQ Project in an A mount not to Exceed $85,922.50 and allowing the City Manager to E xecute Contract Change Orders in an Amount not to Exceed an Aggregate of $15,000.00. _____________________________________________________________________________________ Recommendation:
Staff recommends the City Council:
1) Adopt a resolution authorizing the City Manager or designee to Endorse and enter into an Agreement with BHT Engineering, Inc. for the design phase of the Filburn Avenue WEST CMAQ Project in an amount not to exceed $85,922.50 and allowing the City Manager to execute Contract Change Orders in an amount not to exceed an aggregate of $15,000.00., and
2) Find that this Project is classified as categorically exempt pursuant to CEQA Section 15301 ( c ). No environmental review is required.
Environmental Review:
Staff has reviewed the proposed Project for compliance with the California Environmental Quality Act (CEQA) and has determined that the Project is categorically exempt pursuant to CEQA Section 15301 ( c ) as it safeguards against injuries, improving the safety of pedestrians. Thus, no environmental review is required.
Discussion:
The City applied in 2023 for two (2) Congestion Mitigation Air Quality (CMAQ) grants along Filburn Avenue. One from Central to Palm and the other from Griffith to G Street.
Both Projects include paving, sidewalks, bike lanes, and ADA ramp improvements on the South side of Filburn Avenue.
Following the award of these grants , Staff requested funding allocations for the design phase and subsequently received these allocations in April 2025. Following receipt of the allocation, Staff prepared and advertised a request for design proposals on May 10, 2025.
STAFF REPORT
City of Wasco
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Three (3) proposals were received on June 4, 2025, and, following Caltrans A&E guidelines, were reviewed for completeness, compliance with RFP requirements, and the qualifications of the proposers, who were individually ranked by a panel of City Staff.
After reviews were conducted, Staff disqualified one of the bidders for not submitting required documentation and notified the proposer of this action. The remaining two (2) Firms were interviewed, and the ranking was concluded.
In conclusion of the rankings, Staff unanimously agreed that BHT Engineering Inc. received the highest score. As such, Staff recommends awarding the design to BHT Engineering, Inc.
Fiscal Impact:
In the City Capital Improvement Project budget, the Council approved the CMAQ Filburn Shoulder Improvements – EAST Project #250111. The project has an approved CIP design budget of $120,000.00 for the 24/25 FY. With BHT’s cost proposal not to exceed $85,922.50 plus the $15,000 change order contingency, the Project design is within budget.
Attachments:
1. Resolution
2. Agreement
3. Cost Analysis
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RESOLUTION NO. 2025 -
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WASCO AUTHORIZING THE CITY
MANAGER OR DESIGNEE TO AWARD, FINALIZE, AND ENTER INTO AN AGREEMENT FOR DESIGN WITH BHT ENGINEERING, INC. FOR THE FILBURN AVENUE CMAQ (EAST) PROJECT IN AN AMOUNT NOT TO EXCEED $85,922.50 AND AUTHORIZE THE CITY MANAGER OR DESIGNEE
TO EXECUTE CONTRACT CHANGE ORDERS IN AN AMOUNT NOT TO EXCEED AN AGGREGATE OF $15,000.00
WHEREAS, the City of Wasco wishes to contract with BHT Engineering, Inc. for the Filburn Avenue CMAQ (EAST) Project; and
WHEREAS, the services provided are described in the Agreement found in Exhibit “A”; and
WHEREAS, said Agreement has been made in the form and manner prescribed by the City of Wasco Municipal Code and the California Public Contract Code; and
WHEREAS, BHT Engineering, Inc. and the City each acknowledge that each party and their respective legal counsel have reviewed the Agreement; and, WHEREAS, the Agreement shall be governed by and construed in accordance with the laws of the State of California; and
WHEREAS, BHT Engineering, Inc. agrees to comply with the State prevailing wage determinations in effect ten days prior to the bid opening of June 4, 2025; and WHEREAS, allowing the City Manager or designee to execute Contract Change Orders not to exceed $15,000.00
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Wasco as follows:
SECTION 1: Authorizes the City Manager or designee to execute an Agreement with BHT Engineering, Inc. in an amount not to exceed $85,922.50; and
SECTION 2: Authorizes the City Manager or designee to execute Contract Change Orders in an amount not to exceed $15,000.00 and
-o0o-
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I HEREBY CERTIFY that the foregoing Resolution No. 2025 - was passed and adopted by the Council of the City of Wasco at a regular meeting thereof held on July 1 , 2025, by the following vote:
COUNCIL MEMBERS: MEDINA, MARTINEZ, REYNA, SALDAÑA, RAYA AYES:
NOES:
ABSTAIN:
ABSENT:
__________________________
VALENTIN MEDINA,
MAYOR of the City of Wasco
Attest: _______________
__________________________________
MARIA O. MARTINEZ, CMC
CITY CLERK and Ex Officio Clerk of
the Council of the City of Wasco
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1 AGREEMENT NO. 2025 -
THIS AGREEMENT, made this _____ day of __________________, 20___, by and between the CITY OF WASCO, hereinafter called “City”, and BHT Engineering, Inc. hereinafter called “Engineer”.
WITNESSETH:
WHEREAS, City wishes to hire BHT Engineering for Engineering Services as more particularly described in Exhibit “A” attached hereto and incorporated herein by this reference.
NOW, THEREFORE, in consideration of the mutual covenants and conditions set forth hereinafter, the parties agree as follows:
1. The parties incorporate the foregoing recitals as if fully set forth herein verbatim.
2. City hereby contracts with Engineer to perform the Services pursuant to the terms and conditions of this Agreement and Engineer is agreeable thereto.
3. Engineer agrees to complete the Services on a time and materials basis, utilizing the employee rates attached hereto as Exhibit “ A” and by this reference made a part hereof (the “Fee”) for a total price of not to exceed $85,922.50 which shall represent the full and complete compensation due and owing. Engineer shall bill City by invoices no more often than monthly for the Services. Each invoice shall set forth the Services performed and the amount due and owing which may be reviewed by the City Manager or the City Manager's representative and approved for payment. Thereafter, each invoice shall be submitted to the City Council at the next regular1y scheduled meeting for which the matter can be presented for consideration. Upon approval by the City Council, the invoice shall be paid in the amounts approved by the City Council within a reasonable time thereafter.
(a) Engineer acknowledges that State and/or Federal funds are being utilized to assist in the funding of the construction required in this Agreement and agrees that any required terms, conditions or covenants related to the funding not specifically made a part of this Agreement are hereby incorporated by this reference and shall be made a part of this Agreement.
4. Engineer shall complete the Services within an approved amount of days from the date of a Notice to Proceed from the City. In the performance of Engineer 's 90 of 200
2 duties hereunder, Engineer shall provide all vehicles, tools, personnel, equipment, supplies and all such other items as are necessary or convenient to completing the Services at Engineer's sole cost and expense. Information, data, plans and specifications, and all other documents drafted or created by Engineer or on behalf of Engineer for City shall belong to City and Engineer hereby assigns all of its copyrights and interests therein to City, irrevocably and forever, and agrees that City shall be the owner of all such copyrights.
5. NULL
6. Engineer and any subcontractors shall maintain all books, documents, papers, accounting records, and other evidence pertaining to the performance of this Agreement or the work to be provided for hereunder.
7. If any action at law or in equity, including an action for declaratory relief, is brought to enforce or interpret the provisions of this Agreement, the prevailing party will be entitled to reasonable attorneys’ fees, which may be set by the court in the same action or in a separate action brought for that purpose, in addition to any other relief to which that party may be entitled.
8. (a) Engineer shall indemnify, defend, and hold harmless City, its officers, agents and employees against any and all liability, claims, actions, causes of action or demands whatsoever against them, arising from Engineer’s negligence, fraud, willful misconduct, criminal conduct, errors and omissions, or breaches of contract, or any of them, before administrative or judicial tribunals of any kind whatsoever, arising out of, connected with, or caused by Engineer, Engineer’s employees, agents, independent contractors, companies, or subcontractors in the performance of, or in any way arising from, the terms and provisions of this Agreement whether or not caused in part by a party indemnified hereunder, except for City’s sole active negligence or willful misconduct.
(b) In the event Engineer is a " design professional" as defined in Civil Code Section 2782.8, the Engineer shall indemnify, defend and hold harmless City, its officers, agents and employees against any and all liability, claims, actions, causes of action or demands, against them, or any of them, before administrative or judicial tribunals of any kind whatsoever, that only arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of Engineer and only for the Engineer’s proportionate percentage of fault.
9. Engineer represents and warrants that Engineer has workers compensation insurance as required by statute. Engineer represents and warrants that Engineer has professional errors and omissions insurance coverage in amounts not less than $1 million per claim. Engineer represents and warrants that Engineer has general public liability 91 of 200
3 insurance in the amount of $1,000,000 per occurrence and Engineer shall name City, its officers, councilmembers, and employees as additional insureds on its general liability insurance policy which shall be primary to any liability insurance policy or joint powers coverage maintained by the City and which shall provide City with at least ten days prior notice to termination or reduction in coverage.
10. In addition to any other methods of termination described in this Agreement, City may terminate this Agreement at any time upon determination that Engineer is not performing its duties properly or has otherwise breached this Agreement. In the event of termination based on nonperformance or other breach of this Agreement, City shall so notify Engineer in writing and this Agreement shall be immediately terminated thereafter.
In addition to the foregoing, City may terminate this Agreement upon ten (10) days written notice to Engineer at City's sole and absolute discretion. In the event of any termination, Engineer shall be entitled to payment for Engineer's performance of its obligations hereunder to the date of termination except for that performance which is the subject of Engineer’s default, subject to City's approval and acceptance of Engineer's performance.
11. a) Information, data, plans and specifications, and all other documents prepared by Engineer or others for City or on behalf of City shall be retained and maintained for City by Engineer in its office at no additional cost to City, with a final set to be delivered to City digitally, manually and/or hand carried. Engineer shall release all such files and documents as instructed by City from time to time, and all such files and documents shall belong to City.
(b) All documents produced, written, authored, coauthored or prepared by Engineer pursuant to this Agreement or in which Engineer has had any input whatsoever (the "City Documents") shall belong to City and City shall be the sole owner of same whether maintained on City premises or at Engineer’s offices. Engineer hereby assigns all copyrights to the foregoing to City. Any City Documents maintained at Engineer’s offices shall be transferred to City upon City's request at no charge to City. Any City Documents maintained at Engineer’s offices shall not be destroyed or removed without City's prior written consent, provided, however, that if Engineer does not wish to maintain them and City will not agree to their destruction, Engineer shall have the right to return them to City and City shall accept them. Engineer shall release all City Documents as instructed by City in writing from time to time.
12. The City, Engineer, and all subcontractors shall not discriminate on the basis of race, color, national origin, or sex in the performance of this Agreement.
13. The Engineer agrees to comply with the State and Federal prevailing wage determinations (whichever is the higher of the two) as described in Sections 1720 et seq. of the California Labor Code. . These wage determinations and regulations are considered a part of this Agreement.
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4 14. Engineer shall not assign any portion of this Agreement to any other person or entity without City’s prior written consent, which consent may be given, denied, or conditioned in City’s sole and absolute discretion.
15. If this Agreement or any portion of same shall be considered invalid by any court of competent jurisdiction, the invalid portion shall not affect the validity of the remainder of the Agreement which shall continue in full force and effect as if the invalid portion had not been included therein.
16. Any notice required or permitted under this Agreement or at law shall be deemed to be delivered when personally served on the party to be noticed or (a) on the next business day following deposit of the notice with an overnight delivery service, provided the overnight carrier's records confirm delivery or such date as shown on the overnight carrier’s records, (b) when delivered by United States Mail, Postage Prepaid, Registered or Certified Mail, Return Receipt Requested, with the date of signing the Return Receipt (or refusal to sign) deemed the date of service, (c) three business days following deposit in the United States Mail, Postage Prepaid, (d) when sent by confirmed facsimile transmission, or (e) when sent by electronic mail ("email"). The following addresses shall be used: City – City Manager, 746 8th Street, Wasco, California 93280, Fax - (661) 758-7214, Email – [email protected]; and Engineer – BHT Eng
ineering 218 S. H Street, Suite 201
Bakersfield, California 93304 Fax - (661) 558-4641, Email – [email protected] .
Any party may change any of the foregoing as it relates to the party by giving written notice to the other party in the manner set forth herein.
17. This Ag
reement may be amended only by a writing executed by all parties.
18. The parties hereto agree that this Agreement accurately reflects the agreement of the parties and is the product of negotiations between the parties, and shall not create a rebuttable presumption against the party who drafted same.
19. This Agreement contains all of the agreements of the parties with respect to all matters mentioned herein and no prior agreement or understanding pertaining to any such matter shall be effective.
20. This Agreement may be executed in counterparts. A facsimile or electronic copy of this fully executed Agreement shall be as effective as the original for all purposes.
21. This Agreement shall be governed by and construed in accordance with the laws of the State of California.
22. Waiver by a party of any provision of this Agreement shall not be considered a continuing waiver or a waiver of any other provision, including the time for performance of any such provision.
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5 23. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto, and their respective heirs, successors, and assigns. Notwithstanding the foregoing, Engineer shall not, under any conditions, assign this Agreement or any part thereof to any other entity or individual except as described in Section 14.
24. The parties hereby incorporate the terms and conditions set forth in Exhibit “C” attached hereto and by this reference made a part hereof. To the extent of any conflict or inconsistency between the provisions contained within the text of this Agreement and those in Exhibit C, the terms of Exhibit C shall prevail.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written.
City of Wasco, CA
By: ________________________________
M. Scott Hurlbert, City Manager
BHT, Engineering
By: ___________________________________
Juan Pantoja,
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6 EXHIBIT “A”
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7 EXHIBIT “B”
CITY OF WASCO CALTRANS FEDERALLY FUNDED PROJECTS PROVISIONS
ARTICLE I C OST PRINCIPLES AND ADMINISTRATIVE REQUIREMENTS A. The CONSULTANT agrees that 48 CFR Part 31, Contract Cost Principles and Procedures, shall be used to determine the allowability of individual terms of cost.
B. The CONSULTANT also agrees to comply with Federal procedures in accordance with 2 CFR Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards.
C. Any costs for which payment has been made to the CONSULTANT that are determined by subsequent audit to be unallowable under 48 CFR Part 31 or 2 CFR Part 200 are subject to repayment by the CONSULTANT to LOCAL AGENCY.
D. When a CONSULTANT or Subconsultant is a Non- Profit Organization or an Institution of Higher Education, the Cost Principles for Title 2 CFR Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards shall apply.
ARTICLE II RETENTION OF RECORD/AUDITS
For the purpose of determining compliance with Gov. Code § 8546.7, the CONSULTANT, Subconsultants, and LOCAL AGENCY shall maintain all books, documents, papers, accounting records, Independent CPA Audited Indirect Cost Rate workpapers, and other evidence pertaining to the performance of the AGREEMENT including, but not limited to, the costs of administering the AGREEMENT. All parties, including the CONSULTANT’s Independent CPA, shall make such workpapers and materials available at their respective offices at all reasonable times during the AGREEMENT period and for three (3) years from the date of final payment under the AGREEMENT. LOCAL AGENCY, Caltrans Auditor, FHWA, or any duly authorized representative of the Federal government having jurisdiction under Federal laws or regulations (including the basis of Federal funding in whole or in part) shall have access to any books, records, and documents of the CONSU LTANT, Subconsultants, and the CONSULTANT’s Independent CPA, that are pertinent to the AGREEMENT for audits, examinations, workpaper review, excerpts, and transactions, and copies thereof shall be furnished if requested without limitation.
ARTICLE III A
UDIT REVIEW PROCEDURES
A. Any dispute concerning a question of fact arising under an interim or post audit of this AGREEMENT that is not disposed of by AGREEMENT, shall be reviewed by LOCAL AGENCY’S Chief Financial Officer.
B. Not later than thirty (30) calendar days after issuance of the final audit report, CONSULTANT may request a review by LOCAL AGENCY’S Chief Financial Officer of unresolved audit issues. The request for review will be submitted in writing.
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8 C. Neither the pendency of a dispute nor its consideration by LOCAL AGENCY will excuse CONSULTANT from full and timely performance, in accordance with the terms of this AGREEMENT.
D. CONSULTANT and subconsultant AGREEMENTs, including cost proposals and Indirect Cost Rates (ICR), may be subject to audits or reviews such as, but not limited to, an AGREEMENT audit, an incurred cost audit, an ICR Audit, or a CPA ICR audit work paper review. If selected for audit or review, the AGREEMENT, cost proposal and ICR and related work papers, if applicable, will be reviewed to verify compliance with 48 CFR Part 31 and other related laws and regulations. In the instances of a CPA ICR audit work paper review it is CONSULTANT’s responsibility to ensure federal, LOCAL AGENCY, or local government officials are allowed full access to the CPA’s work papers including making copies as necessary. The AGREEMENT, cost proposal, and ICR shall be adjusted by CONSULTANT and approved by LOCAL AGENCY Contract Administrator to conform to the audit or review recommendations. CONSULTANT agrees that individual terms of costs identified in the audit report shall be incorporated into the AGREEMENT by this reference if directed by LOCAL AGENCY at its sole discretion. Refusal by CONSULTANT to incorporate audit or review recommendations, or to ensure that the federal, LOCAL AGENCY or local governments have access to CPA work papers, will be considered a breach of AGREEMENT terms and cause for termination of the AGREEMENT and disallowance of prior reimbursed costs.
E. CONSULTANT’s Cost Proposal may be subject to a CPA ICR Audit Work Paper Review and/or audit by the Independent Office of Audits and Investigations (IOAI) . IOAI, at its sole discretion, may review and/or audit and approve the CPA ICR documentation. The Cost Proposal shall be adjusted by the CONSULTANT and approved by the LOCAL AGENCY Contract Administrator to conform to the Work Paper Review recommendations included in the management letter or audit recommendations included in the audit report. Refusal by the CONSULTANT to incorporate the Work Paper Review recommendations included in the management letter or audit recommendations included in the audit report will be considered a breach of the AGREEMENT terms and cause for termination of the AGREEMENT and disallowance of prior reimbursed costs.
1. During IOAI’s review of the ICR audit work papers created by the CONSULTANT’s independent CPA, IOAI will work with the CPA and/or CONSULTANT toward a resolution of issues that arise during the review. Each party agrees to use its best efforts to resolve any audit disputes in a timely manner. If IOAI identifies significant issues during the review and is unable to issue a cognizant approval letter, LOCAL AGENCY will reimburse the CONSULTANT at an accepted ICR until a FAR (Federal Acquisition Regulation) compliant ICR {e.g. 48 CFR Part 31; GAGAS (Generally Accepted Auditing Standards); CAS (Cost Accounting Standards), if applicable; in accordance with procedures and guidelines of the American Association of State Highways and Transportation Officials (AASHTO) Audit Guide; and other applicable procedures and guidelines}is received and approved by IOAI.
Accepted rates will be as follows:
a. If the proposed rate is less than one hundred fifty percent (150%) - the accepted rate reimbursed will be ninety percent (90%) of the proposed rate.
b. If the proposed rate is between one hundred fifty percent (150%) and two hundred percent (200%) - the accepted rate will be eighty -five percent (85%) of the proposed rate.
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9 c. If the proposed rate is greater than two hundred percent (200%) - the accepted rate will be seventy-five percent (75%) of the proposed rate.
2. If IOAI is unable to issue a cognizant letter per paragraph E.1. above, IOAI may require CONSULTANT to submit a revised independent CPA-audited ICR and audit report within three (3) months of the effective date of the management letter. IOAI will then have up to six (6) months to review the CONSULTANT’s and/or the independent CPA’s revisions.
3. If the CONSULTANT fails to comply with the provisions of this paragraph E, or if IOAI is still unable to issue a cognizant approval letter after the revised independent CPA audited ICR is submitted, overhead cost reimbursement will be limited to the accepted ICR that was established upon initial rejection of the ICR and set forth in paragraph E.1. above for all rendered services. In this event, this accepted ICR will become the actual and final ICR for reimbursement purposes under this AGREEMENT.
4. CONSULTANT may submit to LOCAL AGENCY final invoice only when all of the following items have occurred: (1) IOAI accepts or adjusts the original or revised independent CPA audited ICR; (2) all work under this AGREEMENT has been completed to the satisfaction of LOCAL AGENCY; and, (3) IOAI has issued its final ICR review letter. The CONSULTANT MUST SUBMIT ITS FINAL INVOICE TO LOCAL AGENCY no later than sixty (60) calendar days after occurrence of the last of these items. The accepted ICR will apply to this AGREEMENT and all other agreements executed between LOCAL AGENCY and the CONSULTANT, either as a prime or subconsultant, with the same fiscal period ICR.
ARTICLE IV EQ
UIPMENT PURCHASE AND OTHER CAPITAL EXPENDITURES
A. Prior authorization in writing by LOCAL AGENCY’s Contract Administrator shall be required before CONSULTANT enters into any unbudgeted purchase order, or subcontract exceeding five thousand dollars ($ 5,000) for supplies, equipment, or CONSULTANT services.
CONSULTANT shall provide an evaluation of the necessity or desirability of incurring such costs.
B. For purchase of any item, service, or consulting work not covered in CONSULTANT’s approved Cost Proposal and exceeding five thousand dollars ($5,000), with prior authorization by LOCAL AGENCY’s Contract Administrator, three competitive quotations must be submitted with the request, or the absence of proposal must be adequately justified.
C. Any equipment purchased with funds provided under the terms of this AGREEMENT is subject to the following:
1. CONSULTANT shall maintain an inventory of all nonexpendable property.
Nonexpendable property is defined as having a useful life of at least two years and an acquisition cost of five thousand dollars ($5,000) or more. If the purchased equipment needs replacement and is sold or traded in, LOCAL AGENCY shall receive a proper refund or credit at the conclusion of the AGREEMENT, or if the AGREEMENT is terminated, CONSULTANT may either keep the equipment and credit LOCAL AGENCY in an amount equal to its fair market value, or sell such equipment at the best price obtainable at a public or private sale, in accordance with established LOCAL AGENCY 98 of 200
10 procedures; and credit LOCAL AGENCY in an amount equal to the sales price. If CONSULTANT elects to keep the equipment, fair market value shall be determined at CONSULTANT’s expense, on the basis of a competent independent appraisal of such equipment. Appraisals shall be obtained from an appraiser mutually agreeable to by LOCAL AGENCY and CONSULTANT, if it is determined to sell the equipment, the terms and conditions of such sale must be approved in advance by LOCAL AGENCY.
2. Regulation 2 CFR Part 200 requires a credit to Federal funds when participating equipment with a fair market value greater than five thousand dollars ($5,000) is credited to the project.
ARTICLE V STATE PREVAILING WAGE RATES
A. No CONSULTANT or Subconsultant may be awarded an AGREEMENT containing public work elements unless registered with the Department of Industrial Relations (DIR) pursuant to Labor Code §1725.5. Registration with DIR must be maintained throughout the entire term of this AGREEMENT, including any subsequent amendments.
B. The CONSULTANT shall comply with all of the applicable provisions of the California Labor Code requiring the payment of prevailing wages. The General Prevailing Wage Rate Determinations applicable to work under this AGREEMENT are available and on file with the Department of Transportation's Regional/District Labor Compliance Officer (https://dot.ca.gov/programs/construction/labor-compliance). These wage rates are made a specific part of this AGREEMENT by reference pursuant to Labor Code §1773.2 and will be applicable to work performed at a construction project site. Prevailing wages will be applicable to all inspection work performed at LOCAL AGENCY construction sites, at LOCAL AGENCY facilities and at off-site locations that are set up by the construction Engineer or one of its sub Engineers solely and specifically to serve LOCAL AGENCY projects. Prevailing wage requirements do not apply to inspection work performed at the facilities of vendors and commercial materials suppliers that provide goods and services to the general public.
C. General Prevailing Wage Rate Determinations applicable to this project may also be obtained from the Department of Industrial Relations website at http://www.dir.ca.gov.
D. Payroll Records
1. Each CONSULTANT and Subconsultant shall keep accurate certified payroll records and supporting documents as mandated by Labor Code §1776 and as defined in 8 CCR §16000 showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by the CONSULTANT or Subconsultant in connection with the public work. Each payroll record shall contain or be verified by a written declaration that it is made under penalty of perjury, stating both of the following:
a. The information contained in the payroll record is true and correct.
b. The employer has complied with the requirements of Labor Code §1771, §1811, and §1815 for any work performed by his or her employees on the public works project.
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11 2. The payroll records enumerated under paragraph (1) above shall be certified as correct by the CONSULTANT under penalty of perjury. The payroll records and all supporting documents shall be made available for inspection and copying by LOCAL AGENCY representatives at all reasonable hours at the principal office of the CONSULTANT. The CONSULTANT shall provide copies of certified payrolls or permit inspection of its records as follows:
a. A certified copy of an employee's payroll record shall be made available for inspection or furnished to the employee or the employee's authorized representative on request.
b. A certified copy of all payroll records enumerated in paragraph (1) above, shall be made available for inspection or furnished upon request to a representative of LOCAL AGENCY, the Division of Labor Standards Enforcement and the Division of Apprenticeship Standards of the Department of Industrial Relations. Certified payrolls submitted to LOCAL AGENCY, the Division of Labor Standards Enforcement and the Division of Apprenticeship Standards shall not be altered or obliterated by the CONSULTANT.
c. The public shall not be given access to certified payroll records by the CONSULTANT.
The CONSULTANT is required to forward any requests for certified payrolls to the LOCAL AGENCY Contract Administrator by both email and regular mail on the business day following receipt of the request.
3. Each CONSULTANT shall submit a certified copy of the records enumerated in paragraph (1) above, to the entity that requested the records within ten (10) calendar days after receipt of a written request.
4. Any copy of records made available for inspection as copies and furnished upon request to the public or any public agency by LOCAL AGENCY shall be marked or obliterated in such a manner as to prevent disclosure of each individual's name, address, and social security number. T he name and address of the CONSULTANT or Subconsultant performing the work shall not be marked or obliterated.
5. The CONSULTANT shall inform LOCAL AGENCY of the location of the records enumerated under paragraph (1) above, including the street address, city and county, and shall, within five (5) working days, provide a notice of a change of location and address.
6. The CONSULTANT or Subconsultant shall have ten (10) calendar days in which to comply subsequent to receipt of written notice requesting the records enumerated in paragraph (1) above. In the event the CONSULTANT or Subconsultant fails to comply within the ten (10) day period, he or she shall, as a penalty to LOCAL AGENCY, forfeit one hundred dollars ($100) for each calendar day, or portion thereof, for each worker, until strict compliance is effectuated. Such penalties shall be withheld by LOCAL AGENCY from payments then due. CONSULTANT is not subject to a penalty assessment pursuant to this section due to the failure of a Subconsultant to comply with this section.
E. When prevailing wage rates apply, the CONSULTANT is responsible for verifying compliance with certified payroll requirements. Invoice payment will not be made until the invoice is approved by the LOCAL AGENCY Contract Administrator.
F. Penalty
1. The CONSULTANT and any of its Subconsultants shall comply with Labor Code §1774 and §1775. Pursuant to Labor Code §1775, the CONSULTANT and any Subconsultant 100 of 200
12 shall forfeit to the LOCAL AGENCY a penalty of not more than two hundred dollars ($200) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the Director of DIR for the work or craft in which the worker is employed for any public work done under the AGREEMENT by the CONSULTANT or by its Subconsultant in violation of the requirements of the Labor Code and in particular, Labor Code §§1770 to 1780, inclusive.
2. The amount of this forfeiture shall be determined by the Labor Commissioner and shall be based on consideration of mistake, inadvertence, or neglect of the CONSULTANT or Subconsultant in failing to pay the correct rate of prevailing wages, or the previous record of the CONSULTANT or Subconsultant in meeting their respective prevailing wage obligations, or the willful failure by the CONSULTANT or Subconsultant to pay the correct rates of prevailing wages. A mistake, inadvertence, or neglect in failing to pay the correct rates of prevailing wages is not excusable if the CONSULTANT or Subconsultant had knowledge of the obligations under the Labor Code. The CONSULTANT is responsible for paying the appropriate rate, including any escalations that take place during the term of the AGREEMENT.
3. In addition to the penalty and pursuant to Labor Code §1775, the difference between the prevailing wage rates and the amount paid to each worker for each calendar day or portion thereof for which each worker was paid less than the prevailing wage rate shall be paid to each worker by the CONSULTANT or Subconsultant.
4. If a worker employed by a Subconsultant on a public works project is not paid the general prevailing per diem wages by the Subconsultant, the prime CONSULTANT of the project is not liable for the penalties described above unless the prime CONSULTANT had knowledge of that failure of the Subconsultant to pay the specified prevailing rate of wages to those workers or unless the prime CONSULTANT fails to comply with all of the following requirements:
a. The AGREEMENT executed between the CONSULTANT and the Subconsultant f or the performance of work on public works projects shall include a copy of the requirements in Labor Code §§ 1771, 1775, 1776, 1777.5, 1813, and 1815.
b. The CONSULTANT shall monitor the payment of the specified general prevailing rate of per diem wages by the Subconsultant to the employees by periodic review of the certified payroll records of the Subconsultant.
c. Upon becoming aware of the Subconsultant’s failure to pay the specified prevailing rate of wages to the Subconsultant’s workers, the CONSULT ANT shall diligently take corrective action to halt or rectify the failure, including but not limited to, retaining sufficient funds due the Subconsultant for work performed on the public works project.
d. Prior to making final payment to the Subconsultant for work performed on the public works project, the CONSULTANT shall obtain an affidavit signed under penalty of perjury from the Subconsultant that the Subconsultant had paid the specified general prevailing rate of per diem wages to the Subconsultant’s employees on the public works project and any amounts due pursuant to Labor Code §1813.
5. Pursuant to Labor Code §1775, LOCAL AGENCY shall notify the CONSULTANT on a public works project within fifteen (15) calendar days of receipt of a complaint that a Subconsultant has failed to pay workers the general prevailing rate of per diem wages.
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13 6. If LOCAL AGENCY determines that employees of a Subconsultant were not paid the general prevailing rate of per diem wages and if LOCAL AGENCY did not retain sufficient money under the AGREEMENT to pay those employees the balance of wages owed under the general prevailing rate of per diem wages, the CONSULTANT shall withhold an amount of moneys due the Subconsultant sufficient to pay those employees the general prevailing rate of per diem wages if requested by LOCAL AGENCY.
G. Hours of Labor
Eight (8) hours labor constitutes a legal day's work. The CONSULTANT shall forfeit, as a penalty to the LOCAL AGENCY, twenty -five dollars ($25) for each worker employed in the execution of the AGREEMENT by the CONSULTANT or any of its Subconsultants for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any one calendar day and forty (40) hours in any one calendar week in violat ion of the provisions of the Labor Code, and in particular §§1810 to 1815 thereof, inclusive, except that work performed by employees in excess of eight (8) hours per day, and forty (40) hours during any one week, shall be permitted upon compensation for all hours worked in excess of eight (8) hours per day and forty (40) hours in any week, at not less than one and one-half (1.5) times the basic rate of pay, as provided in §1815.
H. Employment of Apprentices
1. Where either the prime AGREEMENT or the subagreement exceeds thirty thousand dollars ($30,000), the CONSULTANT and any subconsultants under him or her shall comply with all applicable requirements of Labor Code §§ 1777.5, 1777.6 and 1777.7 in the employment of apprentices.
2. CONSULTANTs and su bconsultants are required to comply with all Labor Code requirements regarding the employment of apprentices, including mandatory ratios of journey level to apprentice workers. Prior to commencement of work, CONSULTANT and subconsultants are advised to contact the DIR Division of Apprenticeship Standards website at https://www.dir.ca.gov/das/, for additional information regarding the employment of apprentices and for the specific journey -to- apprentice ratios for the AGREEMENT work. The CONSULTANT is responsible for all subconsultants’ compliance with these requirements. Penalties are specified in Labor Code §1777.7.
ARTICLE VI CONFLICT OF INTEREST
A. During the term of this AGREEMENT, the CONSULTANT shall disclose any financial, business, or other relationship with LOCAL AGENCY that may have an impact upon the outcome of this AGREEMENT or any ensuing LOCAL AGENCY construction project. The CONSULTANT shall also list current clients who may have a financial interest in the outcome of this AGREEMENT or any ensuing LOCAL AGENCY construction project which will follow.
B.CONSULTANT certifies that it has disclosed to LOCAL AGENCY any actual, apparent, or potential conflicts of interest that may exist relative to the services to be provided pursuant to this A GREEMENT. CONSULTANT agrees to advise LOCAL AGENCY of any actual, apparent or potential conflicts of interest that may develop subsequent to the date of execution of this AGREEMENT. CONSULTANT further agrees to complete any statements of economic interest if required by either LOCAL AGENCY ordinance or State law.
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14 C. The CONSULTANT hereby certifies that it does not now have nor shall it acquire any financial or business interest that would conflict with the performance of services under this AGREEMENT.
D. The CONSULTANT hereby certifies that the CONSULTANT or subconsultant and any firm affiliated with the CONSULTANT or subconsultant that bids on any construction contract or on any Agreement to provide construction inspection for any construction project resulting from this AGREEMENT, has established necessary controls to ensure a conflict of interest does not exist. An affiliated firm is one, which is subject to the control of the same persons, through joint ownership or otherwise.
ARTICLE VII REBATES, KICKBACKS OR OTHER UNLAWFUL CONSIDERATION
The CONSULTANT warrants that this AGREEMENT was not obtained or secured through rebates, kickbacks or other unlawful consideration either promised or paid to any LOCAL AGENCY employee. For breach or violation of this warranty, LOCAL AGENCY shall have the right, in its discretion, to terminate this AGREEMENT without liability, to pay only for the value of the work actually performed, or to deduct from this AGREEMENT price or otherwise recover the full amount of such rebate, kickback or other unlawful consideration.
ARTICLE V III PROHIBITION OF EXPENDING LOCAL AGENCY, STATE, OR FEDERAL
FUNDS FOR LOBBYING
A. The CONSULTANT certifies, to the best of his or her knowledge and belief, that:
1. No State, Federal, or LOCAL AGENCY appropriated funds have been paid or will be paid, by or on behalf of the CONSULTANT, to any person for influencing or attempting to influence an officer or employee of any local, State, or Federal agency, a Member of the State Legislature or United States Congress, an officer or employee of the Legislature or Congress, or any employee of a Member of the Legislature or Congress in connection with the awarding or making of this AGREEMENT, or with the extension, continuation, renewal, amendment, or modification of this AGREEMENT.
2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with this AGREEMENT, the CONSULTANT shall complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions.
B. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31 U.S.C. §1352. Any person who fails to file the required certification shall be subject to a civil penalty of not less than te n thousand dollars ($10,000) and not more than one hundred thousand dollars ($100,000) for each such failure.
C. The CONSULTANT also agrees by signing this document that he or she shall require that the language of this certification be included in all lower tier subagreements, which exceed one hundred thousand dollars ($100,000), and that all such subrecipients shall certify and disclose accordingly.
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15 ARTICLE IX NO N-DISCRIMINATION CLAUSE AND STATEMENT OF COMPLIANCE
A. The CONSULTANT’s signature affixed herein and dated shall constitute a certification under penalty of perjury under the laws of the State of California that the CONSULTANT has, unless exempt, complied with the nondiscrimination program requirements of Gov. Code §12990 and 2 CCR § 8103.
B. During the performance of this AGREEMENT, CONSULTANT and its subconsultants shall not deny the AGREEMENT’s benefits to any person on the basis of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status, nor shall they unlawfully discriminate, harass, or allow harassment against any employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status. CONSULTANT and subconsultants shall insure that the evaluation and treatment of their employees and applicants for employment are free from such discrimination and harassment.
C. CONSULTANT and subconsultants shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code §12990 et seq.), the applicable regulations promulgated there under (2 CCR §11000 et seq.), the provisions of Gov. Code §§11135-11139.5, and the regulations or standards adopted by LOCAL AGENCY to implement such article. The applicable regulations of the Fair Employment and Housing Commission implementing Gov. Code §12990 (a-f), set forth 2 CCR §§8100-8504, are incorporated into this AGREEMENT by reference and made a part hereof as if set forth in full.
D. CONSULTANT shall permit access by representatives of the Department of Fair Employment and Housing and the LOCAL AGENCY upon reasonable notice at any time during the normal business hours, but in no case less than twenty-four (24) hours’ notice, to such of its books, records, accounts, and all other sources of information and its facilities as said Department or LOCAL AGENCY shall require to ascertain compliance with this clause.
E. CONSULTANT and its subconsultants shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other Agreement.
F. CONSULTANT shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under this AGREEMENT.
G. The CONSULTANT, with regard to the work performed under this AGREEMENT, shall act in accordance with Title VI of the Civil Rights Act of 1964 (42 U.S.C. §2000d et seq.). Title VI provides that the recipients of federal assistance will implement and maintain a policy of nondiscrimination in which no person in the United States shall, on the basis of race, color, national origin, religion, sex, age, disability, be excluded from participation in, denied the benefits of or subject to discrimination under any program or activity by the recipients of federal assistance or their assignees and successors in interest.
H. The CONSULTANT shall comply with regulations relative to non- discrimination in federally-assisted programs of the U.S. Department of Transportation (49 CFR Part 21 - Effectuation of Title VI of the Civil Rights Act of 1964). Specifically, the CONSULTANT shall not 104 of 200
16 participate either directly or indirectly in the discrimination prohibited by 49 CFR §21.5, including employment practices and the selection and retention of Subconsultants.
I. CONSULTANT, subrecipient or subconsultant will never exclude any person from participation in, deny any person the benefits of, or otherwise discriminate against anyone in connection with the award and performance of any contract covered by 49 CFR 26 on the basis of race, color, sex, or national origin. In administering the LOCAL AGENCY components of the DBE Program Plan, CONSULTANT, subrecipient or subconsultant will not, directly, or through contractual or other arrangements, use criteria or methods of administration that have the effect of defeating or substantially impairing accomplishment of the objectives of the DBE Program Plan with respect to individuals of a particular race, color, sex, or national origin.
ARTICLE X DEBARMENT AND SUSPENSION CERTIFICATION
A. The CONSULTANT’s signature affixed herein shall constitute a certification under penalty of perjury under the laws of the State of California, that the CONSULTANT or any person associated therewith in the capacity of owner, partner, director, officer or manager:
1. Is not currently under suspension, debarment, voluntary exclusion, or determination of ineligibility by any federal agency;
2. Has not been suspended, debarred, voluntarily excluded, or determined ineligible by any federal agency within the past three (3) years;
3. Does not have a proposed debarment pending; and
4. Has not been indicted, convicted, or had a civil judgment rendered against it by a court of competent jurisdiction in any matter involving fraud or official misconduct within the past three (3) years.
B. Any exceptions to this certification must be disclosed to LOCAL AGENCY. Exceptions will not necessarily result in denial of recommendation for award, but will be considered in determining responsibility. Disclosures must indicate the party to whom the exceptions apply, the initiating agency, and the dates of agency action.
C. Exceptions to the Federal Government Excluded Parties List System maintained by the U.S.
General Services Administration are to be determined by FHWA.
ARTICLE XI DISADVANTAGED BUSINESS ENTERPRISES (DBE) PARTICIPATION
A. CONSULTANT, subrecipient (LOCAL AGENCY), or subconsultant shall take necessary and reasonable steps to ensure that DBEs have opportunities to participate in the contract (49 CFR 26). To ensure equal participation of DBEs provided in 49 CFR 26.5, The LOCAL AGENCY shows a contract goal for DBEs. CONSULTANT shall make work available to DBEs and select work parts consistent with available DBE subconsultants and suppliers.
CONSULTANT shall meet the DBE goal shown elsewhere in these special provisions or demonstrate that they made adequate good faith efforts to meet this goal. It is CONSULTANT’s responsibility to verify that the DBE firm is certified as DBE at date of proposal opening and document the record by printing out the California Unified Certification 105 of 200
17 Program (CUCP) data for each DBE firm. A list of DBEs certified by the CUCP can be found here.
All DBE participation will count toward the California Department of Transportation’s federally mandated statewide overall DBE goal. Credit for materials or supplies CONSULTANT purchases from DBEs counts towards the goal in the following manner:
• 100 percent counts if the materials or supplies are obtained from a DBE manufacturer. • 60 percent counts if the materials or supplies are purchased from a DBE regular dealer. • Only fees, commissions, and charges for assistance in the procurement and delivery of materials or supplies count if obtained from a DBE that is neither a manufacturer nor regular dealer. 49CFR26.55 defines "manufacturer" and "regular dealer."
This AGREEMENT is subject to 49 CFR Part 26 entitled “Participation by Disadvantaged Business Enterpris es in Department of Transportation Financial Assistance Programs”.
CONSULTANTs who enter into a federally -funded agreement will assist the LOCAL AGENCY in a good faith effort to achieve California's statewide overall DBE goal.
B. The goal for DBE partici pation for this AGREEMENT is _________%. Participation by DBE CONSULTANT or subconsultants shall be in accordance with information contained in Exhibit 10-O 2: Consultant Contract DBE Commitment attached hereto and incorporated as part of the AGREEMENT. If a DBE subconsultant is unable to perform, CONSULTANT must make a good faith effort to replace him/her with another DBE subconsultant, if the goal is not otherwise met.
C. CO
NSULTANT can meet the DBE participation goal by either documenting commitments to DBEs to meet the AGREEMENT goal, or by documenting adequate good faith efforts to meet the AGREEMENT goal. An adequate good faith effort means that the CONSULTANT must show that it took all necessary and reasonable steps to achieve a DBE goal that, by their scope, intensity, and appropriateness to the objective, could reasonably be expected to meet the DBE goal. If CONSULTANT has not met the DBE goal, complete and submit Exhibit 15- H: DBE Information – Good Faith Efforts to document efforts to meet the goal. Refer to 49 CFR Part 26 for guidance regarding evaluation of good faith efforts to meet the DBE goal.
D. C
ontract Assurance Under 49 CFR 26.13(b):
CONSULTANT, subrecipient or subconsultant shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. CONSU LTANT shall carry out applicable requirements of 49 CFR 26 in the award and administration of federal -aid contracts.
Failure by the CONSULTANT to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the recipient deems appropriate, which may include, but is not limited to:
(1) Withholding monthly progress payments;
(2) Assessing sanctions;
(3) Liquidated damages; and/or
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18 (4) Disqualifying CONSULTANT from future proposing as non-responsible
E. Termination and Substitution of DBE Subconsultants
CONSULTANT shall utilize the specific DBEs listed to perform the work and supply the materials for which each is listed unless CONSULTANT or DBE subconsultant obtains the LOCAL AGENCY’s written consent. CONSULTANT shall not terminate or substitute a listed DBE for convenience and perform the work with their own forces or obtain materials from other sources without authorization from the LOCAL AGENCY. Unless the LOCAL AGENCY’s consent is provided, the CONSULTANT shall not be entitled to any payment for work or material unless it is performed or supplied by the listed DBE on the Exhibit 10- 02 Consultant Contract DBE Commitment form, included in the Bid.
The LOCAL AGENCY authorizes a request to use other forces or sources of materials if CONSULTANT shows any of the following justifications:
1. Listed DBE fails or refuses to execute a written contract based on plans and specifications for the project.
2. The LOCAL AGENCY stipulated that a bond is a condition of executing the subcontract and the listed DBE fails to meet the LOCAL AGENCY’s bond requirements.
3. Work requires a consultant's license and listed DBE does not have a valid license under Engineers License Law.
4. Listed DBE fails or refuses to perform the work or furnish the listed materials (failing or refusing to perform is not an allowable reason to remove a DBE if the failure or refusal is a result of bad faith or discrimination).
5. Listed DBE's work is unsatisfactory and not in compliance with the contract.
6. Listed DBE is ineligible to work on the project because of suspension or debarment.
7. Listed DBE becomes bankrupt or insolvent.
8. Listed DBE voluntarily withdraws with written notice from the Contract
9. Listed DBE is ineligible to receive credit for the type of work required.
10. Listed DBE owner dies or becomes disabled resulting in the inability to perform the work on the Contract.
11. The LOCAL AGENCY determines other documented good cause.
CONSULTANT shall notify the original DBE of the intent to use other forces or material sources and provide the reasons and provide the DBE with 5 days to respond to the notice and advise CONSULTANT and the LOCAL AGENCY of the reasons why the use of other forces or sources of materials should not occur.
CONSULTANT’s request to use other forces or material sources must include:
1. One or more of the reasons listed in the preceding paragraph.
2. Notices from CONSULTANT to the DBE regarding the request.
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19 If a listed DBE is terminated or substituted, CONSULTANT must make good faith efforts to find another DBE to substitute for the original DBE. The substitute DBE must perform at least the same amount of work as the original DBE under the contract to the extent needed to meet or exceed the DBE goal.
F. Commitment and Utilization
The LOCAL AGENCY’s DBE program must include a monitoring and enforcement mechanism to ensure that DBE commitments reconcile to DBE utilization.
The LOCAL AGENCY shall request CONSULTANT to:
1. Notify the LOCAL AGENCY’s contract administrator or designated representative of any changes to its anticipated DBE participation
2. Provide this notification before starting the affected work
3. Maintain records including:
• Name and business address of each 1st-tier subconsultant • Name and business address of each DBE subconsultant, DBE vendor, and DBE trucking company, regardless of tier
• Date of payment and total amount paid to each business (see Exhibit 9- F Monthly Disadvantaged Business Enterprise Payment)
If CONSULTANT is a DBE CONSULTANT, they shall include the date of work performed by their own forces and the corresponding value of the work.
If a DBE is decertified before completing its work, the DBE must notify CONSULTANT in writing of the decertification date. If a business becomes a certified DBE before completing its work, the b usiness must notify CONSULTANT in writing of the certification date.
CONSULTANT shall submit the notifications to the LOCAL AGENCY. On work completion, CONSULTANT shall complete a Disadvantaged Business Enterprises (DBE) Certification Status Change, Exhibit 17 -O, form and submit the form to the LOCAL AGENCY within 30 days of contract acceptance.
Upon work completion, CONSULTANT shall complete Exhibit 17- F Final Report – Utilization of Disadvantaged Business Enterprises (DBE), First -Tier SubEngineers and submit it to the LOCAL AGENCY within 90 days of contract acceptance. The LOCAL AGENCY will withhold $10,000 until the form is submitted. The LOCAL AGENCY will release the withhold upon submission of the completed form.
In the LOCAL AGENCY’s reports of DBE participation to Caltrans, the LOCAL AGENCY must display both commitments and attainments.
G. A DBE is only eligible to be counted toward the AGREEMENT goal if it performs a commercially useful function (CUF) on the AGREEMENT. CUF must be evaluated on an agreement by agreement basis. A DBE performs a Commercially Useful Function (CUF) when it is responsible for execution of the work of the AGREEMENT and is carrying out its responsibilities by actually performing, managing, and supervising the work involved. To perform a CUF, the DBE must also be responsible, with respect to materials and supplies used on the AGREEMENT, for negotiating price, determining quality and quantity, ordering the material and installing (where applicable), and paying for the material itself. To determine 108 of 200
20 whether a DBE is performing a CUF, evaluate the amount of work subcontr acted, industry practices, whether the amount the firm is to be paid under the AGREEMENT is commensurate with the work it is actually performing, and other relevant factors.
H. A DBE does not perform a CUF if its role is limited to that of an extra part icipant in a transaction, AGREEMENT, or project through which funds are passed in order to obtain the appearance of DBE participation. In determining whether a DBE is such an extra participant, examine similar transactions, particularly those in which DBEs do not participate.
I. If a DBE does not perform or exercise responsibility for at least thirty percent (30%) of the total cost of its AGREEMENT with its own work force, or the DBE subcontracts a greater portion of the work of the AGREEMENT than would be expected on the basis of normal industry practice for the type of work involved, it will be presumed that it is not performing a CUF.
J. CONSULTANT shall maintain records of materials purchased or supplied from all subcontracts entered into with certified DBEs. The records shall show the name and business address of each DBE or vendor and the total dollar amount actually paid each DBE or vendor, regardless of tier. The records shall show the date of payment and the total dollar figure paid to all firms. DBE CONSULTANT’s shall also show the date of work performed by their own forces along with the corresponding dollar value of the work.
K. If a DBE subconsultant is decertified during the life of the AGREEMENT, the decertified subconsultant shall notif y CONSULTANT in writing with the date of decertification. If a subconsultant becomes a certified DBE during the life of the AGREEMENT, the subconsultant shall notify CONSULTANT in writing with the date of certification. Any changes should be reported to LOCAL AGENCY’s Contract Administrator within thirty (30) calendar days.
L. After submitting an invoice for reimbursement that includes a payment to a DBE, but no later than the 10
th of the following month, the prime Engineer/consultant shall complete and email the Exhibit 9- F: Disadvantaged Business Enterprise Running Tally of Payments to [email protected] with a copy to the Agency.
M. Any subcontract en tered into as a result of this AGREEMENT shall contain all of the provisions of this section.
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Local Agency : City of Wasco
Project Name : Filburn CMAQ EAST 5287(068)
Project Location : Filburn Ave. from Griffith Ave. to G Street Control No. :
Local Agency Responsible Charge : Kameron Arnold
Phone : 661-758-7204
E-mail : [email protected]
Date : 6/24/2025
Local Agency Cost Estimate Description Unit Quantity Unit Cost Amount - + Construction Manager Hours 60 140.00$ 8,400.00$ 5,880.00$ 10,920.00$ Contract Manager Hours 60 100.00$ 6,000.00$ 4,200.00$ 7,800.00$ Administrative Assistant Hours 50 70.00$ 3,500.00$ 2,450.00$ 4,550.00$ Principal Engineer Hours 170 160.00$ 27,200.00$ 19,040.00$ 35,360.00$ Draftsman Hours 200 120.00$ 24,000.00$ 16,800.00$ 31,200.00$ Mileage Miles 480 0.75$ 360.00$ 252.00$ 468.00$ Soil Testing LS 1 15,000.00$ 15,000.00$ 10,500.00$ 19,500.00$ Total: 84,460.00$ 59,122.00$ 109,798.00$ Cost Proposal: (BHT ENGINEERING)
Professional Engineer Hours 250 165.00$ 41,250.00$ Project Manager Hours 170 155.00$ 26,350.00$ Narrative:
Assistant Project Manager Hours 75 110.00$ 8,250.00$ Administrative Assistant Hours 40 65.00$ 2,600.00$ Mileage Miles 450 0.65$ 292.50$
Soil Testing LS 1 7,180.00$ 7,180.00$
Total: 85,922.50$
Color coding is intended to link cost estimate descriptions to proposed descriptions. Project total cost estimated to be $1,462.50 higher than cost estimate, but each individual (and total) cost is within the proposed 30% acceptable range. As such, no negotiation is necessary.
Acceptable
COST ANALYSIS
Acceptable Range (+/- 30%)
Negotiable via Range?
Acceptable
Acceptable
Acceptable
Acceptable
Acceptable
Acceptable
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.
TO: Honorable Mayor and Council Members
FROM: M. Scott Hurlbert, City Manager
Maria O. Martinez, Administrative Manager/City Clerk
DATE: July 1, 2025
SUBJECT: Accept and file the City of Wasco Triennial Performance Audit for Fiscal Years 2021/2022 through 2023/2024
Recommendation:
Staff recommends the City Council:
1) Accept and file the Wasco Triennial Performance Audit for Fiscal Years 2021/2022 through 203/2024; and
2) Find that this action is not a project as defined under the California Environmental Quality Act State Guidelines; therefore, pursuant to State Guidelines Section 15378, no environmental review is required.
Environmental Review:
The staff has reviewed the proposed activi ty for compliance with the California Environmental Quality Act(CEQA) and has determined that the activity is not a “Project” as defined under Section 15378 of the State CEQA guidelines because the proposed activity consists of a governmental fiscal/administrative activity which does not result in a physical change in the environment; therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines, the activity is not subject to CEQA. Thus, no environmental review is required.
Discussion:
In 2024, the Kern Council of Governments (Kern COG) selected Moore & Associates, Inc., to prepare Triennial Performance Audits of itself as the RTPA and the eleven Transit operators to which it allocates TDA funding. Moore & Associates Inc. is a consulting firm specializing in public transportation.
The Triennial Performance Audit is designed to be an independent and objective evaluation of the City of Wasco as a public transit operator, providing operator management with information on the economy, efficiency, and effectiveness of its programs across the prior three fiscal years. In addition to assuring legislative and governing bodies (as well as the public) that resources are being economically and efficiently utilized, the Triennial Performance Audit fulfills the requirement of PUC Section
STAFF REPORT
City of Wasco
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99246(a) that the RTPA designate an entity other than itself to conduct a performance audit of the activities of each operator to whom it allocates TDA funds.
This chapter summarizes key findings and recommendations developed during the Triennial Performance Audit (TPA) of the City of Wasco’s public transit program for the period:
• Fiscal Year 2021/22,
• Fiscal Year 2022/23, and
• Fiscal Year 2023/24.
Findings and Recommendations:
In completing this Triennial Performance Audit, the audit team submits the following recommendations for the City of Wasco’s public transit program. They have been divided into two categories: TDA Program compliance recommendations and functional recommendations.
TDA program compliance recommendations are designed to help o perators bring themselves into compliance with the TDA's requirements and standards. Functional Recommendations, on the other hand, address issues identified during the triennial audit that are not specifically related to TDA compliance.
TDA Program Compliance findings:
1. The TDA Fiscal Audits for FY 2021/22 and FY 2023/24 were completed after the allowable deadline extension of March 31.
Corrective Action Measures–
The FY21/22 audit was finalized after the March 31st cutoff due to the extensive coordination and review needed to reconcile reimbursement claims spanning multiple years.
The FY23/24 audit has experienced delays due to capacity limitations at the audit firm, combined with the City’s focus on high -priority negotiations with SEIU and operational challenges related to key staff vacancies.
Staff remain actively engaged with the audit firm to establish a revised timeline and are committed to providing the staff with timely updates as progress continues.
Functional findings:
• The audit team has identified no functional findings.
Staff recommends that the City Council receive and file this Triennial Performance Audit report.
Fiscal Impact: None
Attachments:
1. City of Wasco Triennial Performance Audit Resolution
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63 CA69461
Dial-A-RideWasco
661.758.722
Kern Council of
Governments
TDA Triennial Performance Audit
of the City of Wasco for the
period FY 2021/22 - FY 2023/24
moore
& associates
Kern Council
of Governments
Final Report | May 2025
Wase
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i
Table of Contents
Chapter 1 | Executive Summary ............................................................. 1 Chapter 2 | Review Scope and Methodology .......................................... 5 Chapter 3 | Program Compliance ........................................................... 9 Chapter 4 | Prior Recommendations .................................................... 15 Chapter 5 | Data Reporting Analysis ..................................................... 17 Chapter 6 | Performance Analysis ........................................................ 19 Chapter 7 | Functional Review .............................................................. 27 Chapter 8 | Findings and Recommendations ........................................ 33
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Table of Exhibits
Exhibit 1.1 Summary of Audit Recommendations ................................ ................................ .................... 3 Exhibit 3.1 Transit Development Act Compliance Requirements ................................ ........................... 11 Exhibit 5.1 Data Reporting Comparison ................................ ................................ ................................ . 18 Exhibit 6.1 System Performance Indicators ................................ ................................ ........................... 22 Exhibit 6.2 System Ridership ................................ ................................ ................................ ................ 23 Exhibit 6.3 System Operating Cost/VSH ................................ ................................ ................................ 23 Exhibit 6.4 System Operating Cost/VSM................................ ................................ ................................ 23 Exhibit 6.5 System VSM/VSH................................ ................................ ................................ ................. 23 Exhibit 6.6 System Operating Cost/Passenger ................................ ................................ ....................... 24 Exhibit 6.7 System Passengers/VSH ................................ ................................ ................................ ...... 24 Exhibit 6.8 System Passengers/VSM ................................ ................................ ................................ ...... 24 Exhibit 6.9 System VSH/FTE ................................ ................................ ................................ .................. 24 Exhibit 6.10 System Farebox Recovery ................................ ................................ ................................ .. 25 Exhibit 6.11 System Fare/Passenger................................ ................................ ................................ ...... 25 Exhibit 7.1 Fare Structure................................ ................................ ................................ ..................... 27 Exhibit 7.2 Pass Pricing Structure ................................ ................................ ................................ ......... 27 Exhibit 7.3 Transit Organizational Chart ................................ ................................ ................................ 28 Exhibit 7.4 City of Wasco Fleet Inventory ................................ ................................ .............................. 31 Exhibit 8.1 Audit Recommendations ................................ ................................ ................................ ..... 34
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1 Chapter 1 | Executive Summary
In 2024, the Kern Council of Governments ( Kern COG) selected Moore & Associates, Inc., to prepare Triennial Performance Audits of itself as the RTPA and the eleven transit operators to which it allocates TDA funding. Moore & Associates, Inc. is a consulting firm specializing in public transportation. Selection of the consultant followed a competitive procurement process.
The California Public Utilities Code requires all recipients of Transit Development Act (TDA) Article 4 funding to complete an independent audit on a three -year cycle in order to maintain TDA funding eligibility. Audits of Article 8 recipients are encouraged.
The Triennial Performance Audit is designed to be an independent and objective evaluation of the City of Wasco as a public transit operator, providing operator management with information on the economy, efficiency, and effectiveness of its progra ms across the prior three fiscal years. In addition to assuring legislative and governing bodies (as well as the public) that resources are being economically and efficiently utilized, the Triennial Performance Audit fulfills the requirement of PUC Section 99246(a) that the RTPA designate an entity other than itself to conduct a performance audit of the activities of each operator to whom it allocates TDA funds.
This chapter summarizes key findings and recommendations developed during the Triennial Performance Audit (TPA) of the City of Wasco’s public transit program for the period:
• Fiscal Year 2021/22,
• Fiscal Year 2022/23, and
• Fiscal Year 2023/24.
The City of Wasco operates the Wasco Dial-A-Ride, a curb-to-curb, demand-response service open to the general public . The service operates within Wasco city limits , with additional service provided to the nearby state prison. Service is limited to paved and maintained roads only. Service hours are Monday through Friday from 8:00 a.m. to 4:00 p.m. with a break for lunch between 12:00 p.m. and 1:00 p.m. There is no service on weekends or designated holidays. All vehicles are ADA-compliant. Reservations are required to made 24 hours in advance.
This performance audit was conducted in accordance with generally accepted government auditing standards. Those standards require the audit team plans and performs the audit to obtain sufficient, appropriate evidence to provide a reasonable basis for its findings and conclusions based on the audit objectives. The audit team concludes the evidence obtained provides a reasonable basis for its findings and conclusions.
This audit was also conducted in accordance with the processes established by the California Department of Transportation (Caltrans), as outlined in the Performance Audit Guidebook for Transit Operators and Regional Transportation Planning Entities.
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2 The Triennial Performance Audit includes five elements:
1. Compliance requirements,
2. Follow-up of prior report recommendations,
3. Analysis of program data reporting,
4. Performance Audit, and
5. Functional review.
Test of Compliance
Based on discussions with City staff, analysis of program performance, and an audit of program compliance and function, the audit team presents one compliance finding:
1. The TDA Fiscal Audits for FY 2021/22 and FY 2023/24 were completed after the allowable deadline extension of March 31.
Status of Prior Recommendations
The prior audit – completed in September 2023 by Moore & Associates, Inc. for the three fiscal years ending June 30, 2021 – included four recommendations:
1. Ensure in future years the farebox recovery ratio is at least 10 percent, even if supplementation is necessary.
Status: Implemented.
2. Work to file TDA claims to get caught up to current with respect to transit funding.
Status: Implemented.
Findings and Recommendations
Based on discussions with City staff, analysis of program performance, and a review of program compliance and function, the audit team submits the aforementioned compliance findings for the City of Wasco:
1. The TDA Fiscal Audits for FY 2021/22 and FY 2023/24 were completed after the allowable deadline extension of March 31.
The audit team has identified no functional findings.
In completing this Triennial Performance Audit, the audit team submits the following recommendations for City of Wasco’s public transit program . They have been divided into two categories: TDA Program compliance recommendations and functional recommendations. TDA program compliance recommendations are intended to assist in bringing the operator into compliance with the requirements and standards of the TDA, while Functional Recommendations address issues identified during the triennial audit that are not specific to TDA compliance.
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3 Exhibit 1.1 Summary of Audit Recommendations
TDA Compliance Recommendations Importance Timeline
1 Work with City and TDA auditors to ensure the TDA fiscal audit can be completed no later than March 31. Medium FY 2024/25
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5 Chapter 2 | Review Scope and Methodology
The Triennial Performance Audit (TPA) of the City of Wasco’s public transit program covers the three-year period ending June 30, 20 21. The California Public Utilities Code requires all recipients of Transit Development Act (TDA) funding to complete an independent review on a three -year cycle in order to maintain TDA funding eligibility.
In 2024, the Kern Council of Governments selected Moore & Associates, Inc ., to prepare Triennial Performance Audits of itself as the RTPA and the eleven transit operators to which it allocates TDA funding. Moore & Associates is a consulting firm specializing in public transportation, including audits of non-TDA Article 4 recipients. Selection of Moore & Associates followed a competitive procurement process.
The Triennial Performance Audit is designed to be an independent and objective evaluation of the City of Wasco as a public transit operator. Direct benefits of a Triennial Performance Audit include providing operator management with information on the economy, efficiency, and effectiveness of its programs across the prior three years; helpful insight for use in future planning; and assuring legislative and governing bodies (as well as the pu blic) that resources are being economically and efficiently utilized.
Finally, the Triennial Performance Audit fulfills the requirement of PUC Section 99246(a) that the RTPA designate an entity other than itself to conduct a performance audit of the activities of each transit operator to which it allocates TDA funds.
This performance audit was conducted in accordance with generally accepted government auditing standards. Those standards require the audit team plan and perform the audit to obtain sufficient, appropriate evidence to provide a reasonable basis for its findings and conclusions based on the audit objectives. Moore & Associates believes the evidence obtained provides a reasonable basis for our findings and conclusions.
The audit was also conducted in accordance with the processes established by the California Department of Transportation (Caltrans), as outlined in the Performance Audit Guidebook for Transit Operators and Regional Transportation Planning Entities , as well as Government Auditing Standards published by the U.S. Comptroller General.
Objectives
A Triennial Performance Audit has five primary objectives:
1. Assess compliance with TDA regulations;
2. Review improvements subsequently implemented as well as progress toward adopted goals;
3. Review the accuracy of data reporting;
4. Evaluate the efficiency and effectiveness of the transit operator; and
5. Provide sound, constructive recommendations for improving the efficiency and functionality of the transit operator.
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6 Scope
The TPA is a systematic review of performance evaluating the efficiency, economy, and effectiveness of the transit operator. The audit of the City of Wasco included five tasks:
1. A review of compliance with TDA requirements and regulations.
2. An assessment of the implementation of recommendations contained in prior performance audits.
3. A verification of the methodology for calculating performance indicators including the following activities:
• Assessment of internal controls,
• Test of data collection methods,
• Calculation of performance indicators, and
• Evaluation of performance.
4. Examination of the following functions:
• General management and organization;
• Service planning;
• Scheduling, dispatching, and operations;
• Personnel management and training;
• Administration;
• Marketing and public information; and
• Fleet maintenance.
5. Conclusions and recommendations to address opportunities for improvement based upon analysis of the information collected and the audit of the transit operator’s major functions.
Methodology
The methodology for the Triennial Performance Audit of the City of Wasco included thorough review of documents relevant to the scope of the audit, as well as information contained on the City’s website. The documents reviewed included the following (spanning the full three-year period):
• Triennial Performance Audit report for the prior audit period; • Most recent Short Range Transit Plan/Transit Development Plan; • Monthly performance reports;
• State Controller Reports;
• NTD reports;
• Annual budgets;
• TDA fiscal audits;
• TDA claims;
• Transit marketing collateral;
• Fleet inventory;
• Preventive maintenance schedules and forms;
• California Highway Patrol Terminal Inspection Reports; • Accident/road call logs;
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7 • Customer complaint logs; and
• Organizational chart.
The methodology for this audit included a virtual site visit with the City of Wasco representatives on January 27, 2025. The audit team met with Luis Villa (Public Works Director), Maria Lara (Assistant City Manager), Monica Flores ( Executive Assistant), Maria Martinez ( Administrative Manager), Nancy Vera (Human Resources), Eduardo Zaragoza (Transit Coordinator), and Isarel Perez -Hernandez (Finance Director), and reviewed materials germane to the triennial audit.
This report is comprised of eight chapters divided into three sections:
1. Executive Summary: A summary of the key findings and recommendations developed during the Triennial Performance Audit process.
2. TPA Scope and Methodology: Methodology of the review and pertinent background information.
3. TPA Results: In -depth discussion of findings surrounding each of the subsequent elements of the audit:
• Compliance with statutory and regulatory requirements, • Progress in implementing prior recommendations,
• Data analysis,
• Performance measures and trends,
• Functional audit, and
• Findings and recommendations.
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9 Chapter 3 | Program Compliance
This section examines the City of Wasco’s compliance with the Transportation Development Act as well as relevant sections of the California Code of Regulations. An annual certified fiscal audit confirms TDA funds were apportioned in conformance with applicable laws, rules, and regulations. The Kern Council of Governments considers full use of funds under California Code of Regulations (CCR) 6754(a) as referring to operating funds but not capital funds. The TPA findings and related comments are delineated in Exhibit
3.1. Status of compliance items was determined through discussions with City staff as well as an inspection of relevant documents including the fiscal audits for each year of the triennium, State Controller annual filings, California Highway Patrol terminal inspections, National Transit Database reports, year-end performance reports, and other compliance-related documentation.
One compliance issue was identified for City of Wasco:
1. The TDA Fiscal Audits for FY 2021/22 and FY 2023/24 were completed after the allowable deadline extension of March 31.
Developments Occurring During the Audit Period
For many operators, the FY 2021/22 – FY 2023/24 audit period reflected both the acute impacts of and recovery from the COVID-19 pandemic. By the end of the audit period – even earlier in some cases – most operators had exhausted federal relief funds, even though penalties for non -compliance with farebox recovery ratios continued to be waived. Many operators, even more than four years after the onset of the pandemic, still struggle with ridership that has yet to recover to pre-pandemic levels.
Given this is not the first Triennial Performance Audit to be conducted since the COVID-19 pandemic, this report will not focus on actions taken as a result of the health crisis. Instead, the compliance review, functional review, and resulting recommendations will focus on ensuring program sustainability once penalty waivers and other emergency legislation have ended.
Assembly Bill 90, signed into law on June 29, 2020, provided temporary regulatory relief for transit operators required to conform with Transportation Development Act (TDA) farebox recovery ratio thresholds in FY 2019/20 and FY 2020/21. Assembly Bill 149, signed into law on July 16, 2021, provided additional regulatory relief by extending the provisions of AB 90 through FY 2022/23 and adjusting definitions of eligible revenues and operating costs. Most recently, Senate Bill 125, signed into law on July 10, 2023, extended protections provided via earlier legislation through FY 2025/26. While this means the audit period covered by this audit is fully exempt from penalties for non -compliance with the farebox recovery ratio, for example, it also means that transit operators will likely need to be in compliance by the last year of the next audit period.
While the ability to maintain state mandates and performance measures is important, these measures enable transit operators to adjust to the impacts of COVID while continuing to receive their full allocations of funding under the TDA.
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10 Together, these three pieces of legislation include the following provisions specific to transit operator TDA funding under Article 4 and Article 8:
1. Prohibits the imposition of the TDA revenue penalty on an operator that did not maintain the required ratio of fare revenues to operating cost from FY 2019/20 through FY 2025/26.
2. Expands the definition of “local funds” to enable the use of federal funding to supplement fare revenues and allows operators to calculate free and reduced fares at their actual value.
3. Adjusts the definition of operating cost to exclude the cost of ADA paratransit services, demand- response and microtransit services designed to extend access to service, ticketing/payment systems, security, some pension costs, and some planning costs.
4. Allows operators to use STA funds as needed to keep transit service levels from being reduced or eliminated through FY 2025/26.
SB 125 calls for the establishment of the Transit Transformation Task Force to develop policy recommendations to grow transit ridership and improve the transit experience for all users. In the 50 - plus years since introduction of the Transportation Development Act, there have been many changes to public transportation in California. Many operators have faced significant challenges in meeting the farebox recovery ratio requirement, calling into question whether it remains the best measure for TDA compliance. In 2018, the chairs of California’s state legislative transportation committees requested the California Transit Association spearhead a policy task force to examine the TDA, which resulted in a draft framework for TDA reform released in early 2020. T he Transit Transformation Task Force is required to submit a report of its findings and policy recommendations to the State Legislature by October 31, 2025.
This report is expected to include recommendations for TDA reform, which may impact the next Triennial Performance Audit period.
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11 Exhibit 3.1 Transit Development Act Compliance Requirements Compliance Element Reference Compliance Comments
State Controller Reports submitted on
time. PUC 99243 In compliance
FY 2021/22: January 31, 2023
FY 2022/23: January 31, 2024
FY 2023/24: January 31, 2025
Fiscal and compliance audits submitted
within 180 days following the end of the
fiscal year (or with up to 90-day extension).
PUC 99245 Finding
FY 2021/22: October 11, 2023
FY 2022/23: March 15, 2024
FY 2023/24: Expected May 2025
Operator’s terminal rated as satisfactory by
CHP within the 13 months prior to each
TDA claim.
PUC 99251 B In compliance
April 20, 2021
May 6, 2022
May 24, 2023 (Unsatisfactory)
August 30, 2023
June 11, 2024
Operator’s claim for TDA funds submitted
in compliance with rules and regulations
adopted by the RTPA.
PUC 99261 In compliance
If operator serves urbanized and non-
urbanized areas, it has maintained a ratio
of fare revenues to operating costs at least
equal to the ratio determined by the rules
and regulations adopted by the RTPA.
PUC 99270.1 Not applicable
Except as otherwise provided, the
allocation for any purpose specified under
Article 8 may in no year exceed 50% of the
amount required to meet the total
planning expenditures for that purpose.
PUC 99405 Not applicable
An operator receiving allocations under
Article 8(c) may be subject to regional,
countywide, or subarea performance
criteria, local match requirements, or fare
recovery ratios adopted by resolution of
the RTPA.
PUC 99405 Not applicable
The operator’s definitions of performance
measures are consistent with the Public
Utilities Code Section 99247.
PUC 99247 In compliance
The operator does not routinely staff with
two or more persons a vehicle for public
transportation purposes designed to be
operated by one person.
PUC 99264 In compliance
The operator’s operating budget has not
increased by more than 15% over the
preceding year, nor is there a substantial
increase or decrease in the scope of
operations or capital budget provisions for
major new fixed facilities unless the
operator has reasonably supported and
substantiated the change(s).
PUC 99266 In compliance
FY 2021/22: +3.87%
FY 2022/23: +73.63%
FY 2023/24: -17.65%
Source: TDA Claims FY 2022 – FY
2023. State Controller Report FY
2024. Increase in FY 2023 due in
part to operational cost increase
and fuel.
If the operator serves an urbanized area, it
has maintained a ratio of fare revenues to
operating cost at least equal to one-fifth
(20 percent).
PUC 99268.2,
99268.4,
99268.1
Not applicable
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12 Compliance Element Reference Compliance Comments
If the operator serves a rural area, it has
maintained a ratio of fare revenues to
operating cost at least equal to one-tenth
(10 percent).
PUC 99268.2,
99268.4,
99268.5
In compliance
FY 2021/22: 2.12%
FY 2022/23: 1.32%
FY 2023/24: 3.59%
Source: TDA fiscal audits FY
2022 – FY 2023; State Controller
Report FY 2024. Penalties for
noncompliance waived during
the audit period under AB 90, AB
149, and SB 125.
For a claimant that provides only services
to elderly and handicapped persons, the
ratio of fare revenues to operating cost
shall be at least 10 percent.
PUC 99268.5,
CCR 6633.5 Not applicable
The current cost of the operator’s
retirement system is fully funded with
respect to the officers and employees of its
public transportation system, or the
operator is implementing a plan approved
by the RTPA, which will fully fund the
retirement system for 40 years.
PUC 99271 In compliance
The City is a member of the
state’s CalPERS retirement
system.
If the operator receives State Transit
Assistance funds, the operator makes full
use of funds available to it under the Urban
Mass Transportation Act of 1964 before
TDA claims are granted.
CCR 6754 (a) (3) In compliance
In order to use State Transit Assistance
funds for operating assistance, the
operator’s total operating cost per revenue
hour does not exceed the sum of the
preceding year’s total plus an amount
equal to the product of the percentage
change in the CPI for the same period
multiplied by the preceding year’s total
operating cost per revenue hour. An
operator may qualify based on the
preceding year’s operating cost per
revenue hour or the average of the three
prior years. If an operator does not meet
these qualifying tests, the operator may
only use STA funds for operating purposes
according to a sliding scale.
PUC 99314.6 In compliance
This requirement was waived
during the audit period under
AB 90, AB 149, and SB 125.
Efficiency tests included as part
of TDA claims.
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13 Compliance Element Reference Compliance Comments
A transit claimant is precluded from
receiving monies from the Local
Transportation Fund and the State Transit
Assistance Fund in an amount which
exceeds the claimant's capital and
operating costs less the actual amount of
fares received, the amount of local support
required to meet the fare ratio, the
amount of federal operating assistance,
and the amount received during the year
from a city or county to which the operator
has provided services beyond its
boundaries.
CCR 6634 In compliance
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15 Chapter 4 | Prior Recommendations
This section reviews and evaluates the implementation of prior Triennial Performance Audit recommendations. This objective assessment provides assurance the City of Wasco has made quantifiable progress toward improving both the efficiency and effectiveness of its public transit program.
The prior audit – completed in September 2023 by Moore & Associates, Inc. for the three fiscal years ending June 30, 2021 – included four recommendations:
1. Ensure in future years the farebox recovery ratio is at least 10 percent, even if supplementation is necessary.
Discussion: In FY 2018/19, the City’s farebox recovery ratio (as calculated by the TDA auditor) was 9.76 percent, just below the 10 percent requirement. While the ratio could be rounded to 10 percent, the TDA fiscal auditor found the City not to be in compliance with PUC 99268.4. The City was also out of compliance in FY 2017/18. The prior auditor noted it was unclear as to whether Kern COG withheld any funding following these findings, which should have taken place in FY 2020/21 and FY 2021/22. In prior y ears, the City applied local supplementation to the farebox recovery ratio in order to maintain compliance with the 10 percent requirement.
The City should ensure it has sufficient local supplementation in order to remain in compliance with the 10 percent farebox recovery ratio requirement. This could be through applying a sufficient amount of federal operating funds to the farebox revenue plu s local supplementation calculation (as allowed under AB 149) or by applying City general funds in a sufficient amount.
Progress: The City of Wasco Finance Department is aware of the farebox recovery ratio and is working closely with the auditors and transit department to monitor expenses/ revenue to ensure that, moving forward, the 10 percent requirement is met. Additionally, the Finance Department is working closely with auditors to ensure audits are complete prior to filing the State Control Office Report so that these reports concurred.
In addition, if the City includes federal funding as local supplementation in its farebox recovery ratio calculation, it will exceed the 10 percent requirement.
Status: Implemented.
2. Work to file TDA claims to get caught up to current with respect to transit funding.
Discussion: The prior auditor found the City of Wasco complies with the process set forth by Kern COG for filing TDA public transit claims. However, at the time of the prior audit, it had yet to file claims for any year beyond FY 2018/19. The auditor recommended the City’s Finance department work to file the delinquent claims as soon as possible, with a goal of getting caught up to current by the time TDA claims for FY 2024/25 are due.
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16 Progress: The City has encumbered all of its TDA LTF/STA funds for FY 19/20, FY 20/21, FY 21/22, and FY 2022/23, a grand total of $9,468,877.33 on future Adopted and Approved Capital Improvement Projects. The City recently purchased approximately 20 acres to construct a new public works yard, including a transit facility with the infrastructure needed to transition to zero- emission vehicles and/or alternative fuels. The new Transit Facility will include Electric Chargers, CNG fueling, a Dispatch Center, and a Maintenance shop to service the vehicles.
During the COVID -19 Pandemic, many city projects were impacted, stopped, or subject to slowdowns due to supply chain issues and or lack of labor. The City anticipates submitting TDA claims to Kern COG as these projects get completed.
Status: Implemented.
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17 Chapter 5 | Data Reporting Analysis
An important aspect of the Triennial Performance Audit process is assessing how effectively and consistently the transit operator reports performance statistics to local, state, and federal agencies. Often as a condition of receipt of funding, an operator must collect, manage, and report data to different entities. Ensuring such data are consistent can be challenging given the differing definitions employed by different agencies as well as the varying reporting timeframes. This chapter examines the consistency of performance data reported by the City of Wasco both internally as well as to outside entities during the audit period.
[Note: The FY 20 23/24 TDA fiscal audit was not available at the time o f this report. As such, it is not included in the analysis.]
• Operating cost: In FY 2021/22, the amounts reported in the TDA fiscal audit and to the State Controller were consistent, but the amount reported to the NTD was 31.1 percent higher. In FY 2022/23, there was only a modest variance between the TDA fiscal audit and State Cont roller Report and what was reported to the NTD. In FY 2023/24, the amount reported to the NTD was
23.7 percent higher than that reported to the State Controller.
• Fare Revenue: This data was reported consistently among all reports.
• Vehicle Service Hours (VSH ): This data was generally reported consistently among all reports, though there were some minor variances in FY 2021/22 and FY 2022/23.
• Vehicle Service Miles (VSM): This data was generally reported consistently among all reports .
However, in FY 2021/22, the VSM data reported to the State Controller was 4.9 percent higher than in other reports.
• Passengers: In FY 2021/22 and FY 2022/23, different figures were included on each report. In FY 2021/22, there was a variance of 21.5 percent between the highest and lowest. In FY 2022/23, there was a variance of 17 percent between the highest and lowest. In FY 2023/2 4, the State Controller Report and monthly performance reports were consistent, though both were 27.4 percent higher than the amount reported to the NTD.
• Full-Time Equivalent (FTE) Employees: While the City demonstrated use of the TDA definition of full-time equivalent employee, it did not match the data reported to the State Controller. Due to the size of the City’s transit program, this difference was modest (Employees was over -reported by one each year).
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18 Exhibit 5.1 Data Reporting Comparison
FY 2021/22 FY 2022/23 FY 2023/24
TDA fiscal audit $298,159 $555,677
National Transit Database $390,819 $532,930 $588,522
State Controller Report $298,161 $555,677 $475,584
TDA fiscal audit $6,324 $7,350
National Transit Database $6,326 $7,350 $17,090
State Controller Report $6,326 $7,350 $17,090
Monthly Performance Reports 910 2,939 2,801
National Transit Database 931 2,970 2,803
State Controller Report 917 2,970 2,803
Monthly Performance Reports 8,617 26,540 26,096
National Transit Database 8,617 26,463 26,401
State Controller Report 9,041 26,463 26,401
Monthly Performance Reports 4,071 12,984 13,899
National Transit Database 3,358 11,236 10,911
State Controller Report 4,081 13,144 13,899
State Controller Report 2 3 3
Per City/TDA methodology 1 2 2
Full-Time Equivalent Employees
Vehicle Service Miles (VSM)
Passengers
Vehicle Service Hours (VSH)
Operating Cost (Actual $)
Fare Revenue (Actual $)
System-WidePerformance Measure
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19 Chapter 6 | Performance Analysis
Performance indicators are typically employed to quantify and assess the efficiency of a transit operator’s activities. Such indicators provide insight into current operations as well as trend analysis of operator performance. Through a review of indicators, relative performance as well as possible inter-relationships between major functions is revealed.
The Transportation Development Act (TDA) requires recipients of TDA funding to track and report five performance indicators:
• Operating Cost/Passenger,
• Operating Cost/Vehicle Service Hour,
• Passengers/Vehicle Service Hour,
• Passengers/Vehicle Service Mile, and
• Vehicle Service Hours/Employee.
To assess the validity and use of performance indicators, the audit team performed the following activities:
• Assessed internal controls in place for the collection of performance -related information,
• Validated collection methods of key data,
• Calculated performance indicators, and
• Evaluated performance indicators.
The procedures used to calculate TDA -required performance measures for the current triennium were verified and compared with indicators included in similar reports to external entities (i.e., State Controller and Federal Transit Administration).
Operating Cost
The Transportation Development Act requires an operator to track and report transit -related costs reflective of the Uniform System of Accounts and Records developed by the State Controller and the California Department of Transportation. The most common method for ensuring this occurs is through a compliance audit report prepared by an independent auditor in accord ance with California Code of Regulations Section 66671. The annual independent financial audit should confirm the use of the Uniform System of Accounts and Records.
1 CCR Section 6667 outlines the minimum tasks which must be performed by an independent auditor in conducting the annual fiscal and compliance audit of the transit operator.
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20 Operating cost – as defined by PUC Section 99247(a) – excludes the following:
• Cost in the depreciation and amortization expense object class adopted by the State Controller pursuant to PUC Section 99243,
• Subsidies for commuter rail services operated under the jurisdiction of the Interstate Commerce Commission,
• Direct costs of providing charter service, and
• Vehicle lease costs.
Vehicle Service Hours and Miles
Vehicle Service Hours (VSH) and Miles (VSM) are defined as the time/distance during which a revenue vehicle is available to carry fare -paying passengers, and which includes only those times/miles between the time or scheduled time of the first passenger pickup and the time or scheduled time o f the last passenger drop -off during a period of the vehicle's continuous availability .2 For example, demand - response service hours include those hours when a vehicle has dropped off a passenger and is traveling to pick up another passenger, but not those hours when the vehicle is unavailable for service due to driver breaks or lunch. For both demand-response and fixed-route services, service hours will exclude hours of "deadhead" travel to the first scheduled pick -up, and will also exclude hours of "deadhead" travel from the last scheduled drop-off back to the terminal. For fixed-route service, a vehicle is in service from first scheduled stop to last scheduled stop, whether or not passengers board or exit at those points ( i.e., subtracting driver lunch and breaks but including scheduled layovers).
Passenger Counts
According to the Transportation Development Act, total passengers is equal to the total number of unlinked trips (i.e., those trips that are made by a passenger that involve a single boarding and departure), whether revenue-producing or not.
Employees
Employee hours is defined as the total number of hours (regular or overtime) which all employees have worked, and for which they have been paid a wage or salary. The hours must include transportation system-related hours worked by persons employed in connection with the system (whether or not the person is employed directly by the operator). Full -Time E quivalent (FTE) is calculated by dividing the number of person-hours by 2,000.
Fare Revenue
Fare revenue is defined by California Code of Regulations Section 6611.2 as revenue collected from the farebox plus sales of fare media . (Fare revenue does not include additional local revenues that can be used to supplement the farebox recovery ratio.)
2 A vehicle is considered to be in revenue service despite a no -show or late cancellation if the vehicle remains available for passenger use.
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21 TDA Required Indicators
To calculate the TDA indicators for the City of Wasco, the following sources were employed:
• Operating Cost was not independently calculated as part of this audit. Operating Cost data were obtained via TDA fiscal audits for each fiscal year covered by this audit. Operating Cost from the reports was compared against that reported to the State Controller and NTD and was determined to be consistent with TDA guidelines. In accordance with PUC Section 99247(a), the reported costs excluded depreciation and other allowable expenses. • Fare Revenue was not independently calculated as part of this audit. Fare Revenue data were obtained via TDA fiscal audits for each fiscal year covered by this audit. Fare revenue from the reports is consistent with TDA guidelines.
• Vehicle Service Hours (VSH) data were obtained via State Controller Reports for each fiscal year covered by this audit. Data from these reports were then compared with information included within the City’s monthly performance data summary reports. The City’s calculation methodology is based on times in and out of service and is consistent with PUC guidelines. • Vehicle Service Miles (VSM) data were obtained via State Controller Reports for each fiscal year covered by this audit. Data from these reports were then compared with information included within the City’s monthly performance data summary reports. This methodology is based on odometer readings and consistent with PUC guidelines. • Unlinked trip data were obtained via State Controller reports for each fiscal year covered by this audit. Data from these reports were then compared with information included within the City’s monthly performance data summary reports. The City’s calculat ion methodology, which is based on driver logs, is consistent with PUC guidelines. • Full-Time Equivalent (FTE) methodology was provided by the City and is consistent with the TDA definition (hours worked divided by 2,000).
System Performance Trends
System-wide, operating cost experienced a net 50.6 percent increase during the audit period and an 85.6 percent net increase across the six -year period. The overall increase was due primarily to a significant increase in operating cost during the current audit period . Fare revenue experienced a year over year decreases throughout the prior audit period before increasing every year of the current audit period. Fare revenue increased 170.2 percent during the audit period , but decreased a net 46.3 percent sin ce FY 2018/19.
Vehicle Service Hours (VSH) experienced a pattern similar to fare revenue. VSH saw a net 21.7 percent decrease over the six-year period, but saw a net 201.1 percent increase over the three -year period. This was also observed with respect to Vehicle Service Miles (VSM), which had a net 28.6 percent decrease over the six-year period, but a net 206.4 percent increase between FY 2021/22 and FY 2023/24. Ridership fluctuated, resulting in a net increase of 224.9 percent during the audit period, but a 56.9 percent net decrease across the six-year period.
Cost-related metrics typically provide an indicator of a system’s efficiency, while passenger -related metrics offer insight into its productivity. Improvements are characterized by increases in passenger - related metrics and decreases in cost -related metrics. Operating cost per vehicle service hour, vehicle service mile, and passenger all decreased significantly during the audit period, reflective of an 139 of 200
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22 improvement in efficiency. Productivity also rose significantly, as passengers per VSH and VSM both increased during the audit period (7.9 percent and 6.1 percent, respectively).
Exhibit 6.1 System Performance Indicators
Sources: FY 2018/19 – FY 2020/21 data taken from prior Triennial Performance Audit.
FY 2021/22 – FY 2023/24 data taken from NTD report.
FY 2021/22 – FY 2023/24 FTE data taken from City-provided FTE calculations. .
.
FY 2018/19 FY 2019/20 FY 2020/21 FY 2021/22 FY 2022/23 FY 2023/24 Operating Cost (Actual $) $317,123 $341,596 $283,253 $390,819 $532,930 $588,522 Annual Change 7.7% -17.1% 38.0% 36.4% 10.4%
Fare Revenue (Actual $) $31,839 $22,962 $2,516 $6,326 $7,350 $17,090 Annual Change -27.9% -89.0% 151.4% 16.2% 132.5%
Vehicle Service Hours (VSH) 3,582 2,350 399 931 2,970 2,803 Annual Change -34.4% -83.0% 133.3% 219.0% -5.6%
Vehicle Service Miles (VSM) 36,969 25,105 3,215 8,617 26,463 26,401 Annual Change -32.1% -87.2% 168.0% 207.1% -0.2%
Passengers 25,297 18,805 1,397 3,358 11,236 10,911
Annual Change -25.7% -92.6% 140.4% 234.6% -2.9%
Employees 2 2 2 1 2 2
Annual Change 0.0% 0.0% -50.0% 100.0% 0.0%
Performance Indicators
Operating Cost/VSH (Actual $) $88.53 $145.36 $709.91 $419.78 $179.44 $209.96 Annual Change 64.2% 388.4% -40.9% -57.3% 17.0%
Operating Cost/Passenger (Actual $) $12.54 $18.17 $202.76 $116.38 $47.43 $53.94 Annual Change 44.9% 1016.2% -42.6% -59.2% 13.7%
Passengers/VSH 7.06 8.00 3.50 3.61 3.78 3.89
Annual Change 13.3% -56.2% 3.0% 4.9% 2.9%
Passengers/VSM 0.68 0.75 0.43 0.39 0.42 0.41
Annual Change 9.5% -42.0% -10.3% 9.0% -2.7%
Farebox Recovery 10.0% 6.7% 0.9% 1.6% 1.4% 2.9%
Annual Change -33.0% -86.8% 82.2% -14.8% 110.6%
Hours/Employee 1,791.0 1,175.0 199.5 931.0 1,485.0 1,401.5 Annual Change -34.4% -83.0% 366.7% 59.5% -5.6%
TDA Non-Required Indicators
Operating Cost/VSM $8.58 $13.61 $88.10 $45.35 $20.14 $22.29 Annual Change 58.6% 547.5% -48.5% -55.6% 10.7%
VSM/VSH 10.32 10.68 8.06 9.26 8.91 9.42
Annual Change 3.5% -24.6% 14.9% -3.7% 5.7%
Fare/Passenger $1.26 $1.22 $1.80 $1.88 $0.65 $1.57
Annual Change -3.0% 47.5% 4.6% -65.3% 139.4%
Performance Measure System-wide
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23 Exhibit 6.2 System Ridership Exhibit 6.3 System Operating Cost/VSH
Exhibit 6.4 System Operating Cost/VSM Exhibit 6.5 System VSM/VSH
25,297
18,805
1,397 3,358
11,236 10,911
0 5,000
10,000
15,000
20,000
25,000
30,000
FY 2018/19 FY 2019/20 FY 2020/21 FY 2021/22 FY 2022/23 FY 2023/24 $88.53
$145.36
$709.91
$419.78
$179.44
$209.96
$0.00
$100.00
$200.00
$300.00
$400.00
$500.00
$600.00
$700.00
$800.00
FY 2018/19 FY 2019/20 FY 2020/21 FY 2021/22 FY 2022/23 FY 2023/24 $8.58
$13.61
$88.10
$45.35
$20.14 $22.29
$0.00
$10.00
$20.00
$30.00
$40.00
$50.00
$60.00
$70.00
$80.00
$90.00
$100.00
FY 2018/19 FY 2019/20 FY 2020/21 FY 2021/22 FY 2022/23 FY 2023/24
10.32 10.68
8.06 9.26 8.91 9.42
0.00 2.00
4.00 6.00
8.00 10.00
12.00 FY 2018/19 FY 2019/20 FY 2020/21 FY 2021/22 FY 2022/23 FY 2023/24 141 of 200
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24 Exhibit 6.6 System Operating Cost/Passenger Exhibit 6.7 System Passengers/VSH
Exhibit 6.8 System Passengers/VSM Exhibit 6.9 System VSH/FTE
$12.54 $18.17
$202.76
$116.38
$47.43 $53.94
$0.00
$50.00
$100.00
$150.00
$200.00
$250.00
FY 2018/19 FY 2019/20 FY 2020/21 FY 2021/22 FY 2022/23 FY 2023/24
7.06 8.00
3.50 3.61
3.78 3.89
0.00 1.00
2.00 3.00
4.00 5.00
6.00 7.00
8.00 9.00
FY 2018/19 FY 2019/20 FY 2020/21 FY 2021/22 FY 2022/23 FY 2023/24
0.68 0.75
0.43 0.39 0.42 0.41
0.00 0.10
0.20 0.30
0.40 0.50
0.60 0.70
0.80 FY 2018/19 FY 2019/20 FY 2020/21 FY 2021/22 FY 2022/23 FY 2023/24 1,791.0
1,175.0
199.5
931.0
1,485.0
1,401.5
-
200.0
400.0
600.0
800.0
1,000.0
1,200.0
1,400.0
1,600.0
1,800.0
2,000.0
FY 2018/19 FY 2019/20 FY 2020/21 FY 2021/22 FY 2022/23 FY 2023/24 142 of 200
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25 Exhibit 6.10 System Farebox Recovery Exhibit 6.11 System Fare/Passenger
10.0%
6.7%
0.9% 1.6% 1.4%
2.9%
0.0%
2.0%
4.0%
6.0%
8.0%
10.0%
12.0%
FY 2018/19 FY 2019/20 FY 2020/21 FY 2021/22 FY 2022/23 FY 2023/24 $1.26 $1.22
$1.80 $1.88
$0.65
$1.57
$0.00
$0.20
$0.40
$0.60
$0.80
$1.00
$1.20
$1.40
$1.60
$1.80
$2.00
FY 2018/19 FY 2019/20 FY 2020/21 FY 2021/22 FY 2022/23 FY 2023/24 143 of 200
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27 Chapter 7 | Functional Review
A functional review of the City of Wasco’s public transit program is intended to assess the effectiveness and efficiency of the operator. Following a general summary of the City’s transit services, this chapter addresses seven functional areas. The list, taken from Section III of the Performance Audit Guidebook published by Caltrans, reflects those transit services provided by the City of Wasco:
• General management and organization;
• Service planning;
• Administration;
• Marketing and public information;
• Scheduling, dispatch, and operations;
• Personnel management and training; and
• Maintenance.
Service Overview
The City of Wasco operates the Wasco Dial-A-Ride, a curb-to-curb, demand-response service open to the general public . The service operates within Wasco city limits , with additional service provided to the nearby state prison. Service is limited to paved and maintained roads only. Service hours are Monday through Friday from 8:00 a.m. to 4:00 p.m. with a break for lunch between 12:00 p.m. and 1:00 p.m. There is no service on weekends or designated holidays. All vehicles are ADA-compliant. Reservations must be made 24 hours in advance.
Trips are not prioritized based on trip purpose or trip type. Passes are available in lieu of cash fares and must be purchased at the City Hall Annex or by mail.
Exhibit 7.1 Fare Structure
Passenger One-Way
Fare
Adult (within Wasco) $1.75
Adult (to state prison) $2.00
Seniors (62+)/Disabled $1.00
Youth (5-10) $1.00
Children (0-4) $0.25
Exhibit 7.2 Pass Pricing Structure
Passenger Number of
Rides Pass Cost
Senior (62+) and Disabled Discount 11 $10.00
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28 General Management and Organization
The City’s transit program is operated in -house by City employees. Performance is monitored using RouteMatch. The software has been somewhat problematic, as the company was sold shortly after the City purchased it and getting technical support has been challenging. This has resulted in staffing having to do more manual work than anticipated in order to generate reports. However, the City says it ultimately provides the data it needs. The system documents driver performance and generates daily and monthly performance reports. The software has improved scheduling efficiency; enhanced communication between the scheduler, drivers, and riders; and the real -time GPS tracking provides accurate estimated arrival times to riders.
Exhibit 7.3 Transit Organizational Chart
The Wasco City Council is the governing body for the City’s transit service. Council meetings are held at City Hall (746 8th Street) on the first and third Tuesdays of each month at 6:00 pm. Voters elect the five- member City Council to four-year overlapping terms. The City Council selects one of its members to serve as Mayor and appoints a City Manager to conduct the day-to-day business of the City. The City does not have a citizens’ advisory committee specific to transportation.
The transit program is currently staffed by two full -time drivers. The City hired a Transit Coordinator in October 2024 and the City is proud of the direction this position will take the program. The Transit Coordinator is in training to be certified as a d river trainer. The Transit Coordinator received his Class B certification and passenger endorsement and is working on his GPPV certification.
The relationship between the City and the Kern Council of Governments is positive and effective. A member of the Wasco City Council serves on the Transportation Planning and Policy Committee and the Administrative Manager serves on the Social Service Technical Advisory Committee. The City Engineer serves as a member of the Transportation Technical Advisory Committee. The Administrative Manager attends and is a member of the Central Valley Transportation Manager’s Group.
The Assistant City Manager and the Administrative Manager act as the liaisons between the City and other governmental organizations. The City is a member the California Association for Coordinated Transportation (CalACT) and the California Transit Association. 146 of 200
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29 Service Planning
The Administrative Manager, Assistant City Manager, and the City Manager are responsible for short - range planning for the City’s transit program. The most recent transit development plan (TDP) was completed in May 2016, and the Kern Rural Alternative Transit Plan was completed in 2020. While recommendations from these plans have been implemented, the City feels the goals, objectives, and performance standards are no longer relevant to the current needs of Wasco residents. Kern COG received funding through Caltrans’ Sustainable Communities grant to conduct Transit Development Plans for rural transit operators in Kern County, which includes the City of Wasco. Those plans will be developed in 2025 and 2026.
The City’s transit service did not operate between November 8, 2021 and May 2, 2022 due to lack of staffing. One driver passed away due to COVID-19 and the other driver was on leave during this time. By the time the service started again, ridership had decreased significantly.
The City has not conducted any rider or community surveys during the audit period. However, management is looking into how to implement surveys in the future.
The City was awarded and received two electric transit vans and has been awarded one electric cutaway vehicle. The electric vans have yet to be put into service; they were delivered with a manual sliding door instead of an automatic door and had to be sent back . In addition, the secondary battery that operates the wheelchair lift was not working on one of the vans. The cutaway is expected to be delivered in Spring 2025. Electric vehicle charging infrastructure was installed during the audit period and is operational.
Administration
Budgeting is typically handled by the City Manager with the assistance of the Finance Department. The budget process is a year -round process that includes staff reviewing funds on a monthly and quarterly basis. Corrections are made at the mid-year budget workshop. Additionally, staff identify operating needs and present them to the City Council at a St rategic Planning Workshop. The City uses Tyler Munis Enterprise Resource Planning (ERP) software for budgeting.
The City applies for all non-competitive grants annually. City staff determine which competitive grants to apply for based on Transit Plans, the Capital Improvement Plan, and community needs. The Assistant City Manager, Finance Director, and City Manager oversee grant compliance. The City is proactive in seeking grants to fund major infrastructure projects. As a rural operator, staffing capacity for pursuing grants is limited, and staff take advantage of technical assistance provided by funders to assist w ith the development of effective applications.
Responsibility for risk management is handled by Human Resources. The City is self -insured and has a process in place for accident/injury claims. The City is a member of the Central San Joaquin Valley Risk Management Authority ( CSJVRMA). The Administrative Manager addresses safety concerns during the department’s monthly meetings. The transit program is part of the City’s disaster preparedness/response plan, providing evacuation and transportation as needed. The Public Works Department handles facilities management.
An electronic time reporting system is used for payroll. Timecards are reviewed and approved (signed) three times – by the employee, supervisor, and department head. All hours are reviewed, and the 147 of 200
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30 employee has the opportunity to correct any errors. Direct deposit is available to all employees, and 100 percent participate.
Accounts payable is separate from purchasing. There is a system in place to verify purchases. Any purchases greater than $10,000 go out to bid and must be approved by the City Council. Purchases under $5,000 may be approved at the director or manager level.
The City has an established procurement process and follows grant requirements for specific funding sources. It follows FTA guidelines and uses the CalACT bid to meet procurement requirements. Bus procurement is handled by the Public Works Director and Finance department.
Marketing and Public Relations
The City’s primary marketing tools are a bilingual brochure (English and Spanish) and a website with Dial- A-Ride information. A Spanish translation of the City’s website is available through a Google Transit widget, which translates the page text but not the content of linked files. The City is working on a plan to increase promotion of transit through the City’s website. Staff attend community events to promote the service and inform the public on the functions of the vehicles (such as the wheelchair lift) . The City also provides marketing flyers to local schools and employers.
All complaints come to city hall and are documented on paper and addressed when the complaint comes in or as quickly as possible. Overall, public perception is positive.
Scheduling, Dispatch, and Operations
The City’s transit service is typically provided using two vehicles, with a third vehicle reserved as a spare.
The vehicles are alternated between the drivers. Drivers are assigned to the same work schedule of 7:30 a.m. to 4:30 p.m., Monday through Friday. Lunches are staggered to provide coverage. If only one driver is available (due to illness or time off), the service is closed during the driver’s one -hour lunch that day.
Reservations are required 24 hours in advance. Maintenance notifies staff which vehicles are available for use each day.
Fares are deposited into Diamond fareboxes onboard each vehicle. Drivers remove the vaults, count the fares at the end of their shifts, and verify the amount against the daily log. The City does not have a secure cash room. Fare counting takes place at an open desk in city hall. A sec ond staffer in the Finance department verifies the count. The money is taken to Finance where it is store d in a safe. City deposits are picked up by armored car on a daily basis.
The drivers check out a set number of passes per day to sell onboard the vehicles. Customers must have exact change to purchase a pass on the bus , or have the option to purchase a pass from the Finance department. This revenue is processed through daily reconciliation. The City does not offer mobile ticketing.
Personnel Management and Training
The City employs two full-time drivers. Both are full-time employees of the City and qualify for the City’s benefit package, which includes medical, dental, vision, and life insurance as well as CalPERS retirement.
Recruitment advertising is published in the Wasco Tribune and the Bakersfield Californian, as well as on 148 of 200
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31 the City’s website. All recruits are required to have a commercial license as the agency does not train through licensing. All City employees are subject to the same disciplinary policies.
Both current drivers have been with the City for at least three years. Job performance evaluations are provided at the three - and six-month points for new hires, and then annually thereafter. Management motivates employees through salary step increases tied to annual performance evaluations.
Drivers are represented by the Service Employees International Union (SEIU) Local 521. Both drivers have a Class B license with passenger endorsement and GPPV. Human Resources is responsible for overseeing the safety program. State -required training is provided via an online training module. The senior driver conducts the training for new hires who have existing certifications. Two hours of continuing training per year is also provided through the Kern County Superintendent of Schools.
Maintenance
The City provides most vehicle maintenance in -house. City mechanics conduct preventive maintenance employing a time-based PM plan (30- and 45-day). During the audit period, the City experienced a staffing shortage which resulted more work being sent out. Typically, the only work sent out is major repairs (such as transmissions, motor issues, and major overhauls). Maintenance staff have the skillset to do the work that is sent out, but it is not a good use of their time since these types of repairs are very time-consuming.
Most work that is sent out is sent to the dealership. Mechanics are not dedicated to transit, but time is tracked via maintenance logs.
The maintenance facility serves all City vehicles and does not have a dedicated transit bay. At present, the facility only has one lift; a second lift would be beneficial. The City has one spare van to maintain operations at full capacity. The parts room is secure and access is limited. The City would like to purchase specialized tools to do additional work in-house.
Transit vehicles are gas- and CNG-fueled. Vehicles are equipped with wheelchair lifts, fire extinguishers, and first aid kits, but do not include bike racks. Any vehicle identified with safety issues is given priority for repairs. Downed vehicles are red-tagged and are not drivable until repaired. Maintenance advises the drivers regarding fleet status and upcoming preventive maintenance work. Emails and phones calls provide communications between drivers and maintenance staff.
A fleet replacement plan is in place. The City has already received two electric vans, though they had not been put into service at the time of the site visit. An electric cutaway bus was scheduled to be delivered in Spring 2025.
Exhibit 7.4 City of Wasco Fleet Inventory
Vehicle # Year Make Model Type PAX WC
Positions
60 2016 Ford E-450 Bus 14 2
63 2016 Ford E-450 Bus 14 2
61 2014 Ford E-150 Passenger Van 5 1
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33 Chapter 8 | Findings and Recommendations
Conclusions
With one exception, Moore & Associates finds City of Wasco to be in compliance with the requirements of the Transportation Development Act. In addition, the entity generally functions in an efficient, effective, and economical manner.
Findings
Based on discussions with City staff , analysis of program performance, and an audit of program compliance and function, the audit team presents one compliance finding:
1. The TDA Fiscal Audits for FY 2021/22 and FY 2023/24 were completed after the allowable deadline extension of March 31.
The audit team has identified no functional findings.
Program Recommendations
In completing this Triennial Performance Audit, the auditors submit the following recommendations for the City’s public transit program. They are divided into two categories: TDA Program Compliance Recommendations and Functional Recommendations. TDA Program Compliance Recommendations are intended to assist in bringing the operator into compliance with the requirements and standards of the TDA, while Functional Recommendations address issues identified during the audit that are not specific to TDA compliance. Each finding is presented with the elements identified within the 2011 Government Auditing Standards as well as one or more recommendations.
Given there are no functional findings, only compliance findings and recommendations are presented below.
Compliance Finding 1: The TDA Fiscal Audits for FY 2021/22 and FY 2023/24 were completed after the allowable deadline extension of March 31.
Criteria: PUC 99245 requires all Article 4 recipients to submit an annual fiscal audit to the State Controller within 180 days of the end of the fiscal year. The RTPA has the authority to extend the deadline for another 90 days, typically to March 31.
Condition: In FY 2021/22, the City’s TDA fiscal audit was completed October 11, 2023. This was more than six months after the deadline established under PUC 99245. While the FY 2022/23 audit was completed on time, the FY 2023/24 had yet to be completed as of April 25, 2025.
Cause: Staff indicated there had been some communications issues between the City and the TDA fiscal auditor, resulting in delays.
Effect: TDA claims cannot be paid out until the TDA fiscal audit for the claim year minus two is completed.
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34 Recommendation: Work with City and TDA auditors to ensure the TDA fiscal audit can be completed no later than March 31.
Recommended Action: The City should continue to work with its auditors to ensure the TDA fiscal audits in future years can be completed by March 31.
Timeline: TDA fiscal audits for FY 2024/25.
Anticipated Cost: None.
Exhibit 8.1 Audit Recommendations
TDA Compliance Recommendations Importance Timeline
1 Work with City and TDA auditors to ensure the TDA fiscal audit can be completed no later than March 31. Medium FY 2024/25
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STAFF REPORT
CITY OF WASCO
TO: Honorable Mayor and Council Members
FROM: M. Scott Hurlbert, City Manager
Nancy Vera, Human Resource Manager
DATE: July 1, 2025
SUBJECT: Public Hearing and Reporting on City of Wasco Vacancies, Recruitment, and Retention Efforts to Comply with Assembly Bill 2561
_____________________________________________________________________________________ Recommendation:
Staff recommends the City Council:
1. Hold a public hearing and receive and file this report on V acancies, Recruitment, and Retention Efforts to comply with Assembly Bill 2561
2. Find that this action is not a project as defined under the California Environmental Quality Act State Guidelines; therefore, pursuant to State Guidelines Section 15378, no environmental review is required.
Environmental Review:
This action is not a project within the meaning of CEQA Guidelines Section 15378 and is, therefore, not subject to CEQA since it does not have the potential to result in either a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment. The approval of this agenda item does not commit the City to a definite course of action concerning a project , since the action authorized herein may lead to the negotiation of a grant agreement. This proposed activity is, therefore, not subject to CEQA. Any future action connected to this approval that constitutes a project will be reviewed for compliance with CEQA.
Background:
Assembly Bill 2561 (AB 2561) amended the Meyers -Milias-Brown Act by adding Government Code Section 3502.3, which requires local public agencies to enhance transparency and accountability in public sector staffing. The full text of the bill is available at AB 2561 Bill Text . The purpose of AB 2561 is to address growing concerns over staffing shortages in public agencies, which can lead to increased workloads, employee burnout, lower morale, and reduced service delivery to citizens. To mitigate these impacts, the law requires agencies to:
• Report annually on vacancies, recruitment activity, and retention strategies; • Identify any policies or practices that may hinder hiring or retention; • Provide recognized bargaining groups with an opportunity to present during the public hearing; and
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• If any bargaining group vacancy rate reaches or exceeds 20% of authorized positions, provide additional data upon request, including applicant volume, hiring timelines, and efforts to improve compensation, benefits, and working conditions.
Recognized bargaining groups include the Wasco Police Officers Association (WPOA) and the Service Employees International Union (SEIU), Local 521.
As of June 25, 2025 th
e City of Wasco has 113 full-time equivalent (FTE) budgeted positions of the 113 FTE’s, 7 are represented by bargaining groups. No bargaining group currently meets or exceeds the 20% vacancy threshold that would trigger enhanced reporting under AB 2561. The City’s overall vacancy rate is currently 6.2%, which is considered low.
Vacancy rates are calculated as follows: Vacancy Rate (%) = (Number of Vacant Positions in employee group/Total Number of Authorized Positions) = 6.2%.
The following table summarizes the City’s vacancy rate by employee group as of 06/25/2025:
Employee Group City’s Vacancy
Rate
Number of
Vacancies
Number of FTE in
Bargaining Group
WPOA 6.5% 2 31
SEIU 7.8% 5 64
City-wide 6.2% 7 113
Recruitment Activity
Vacancies within the City arise from a range of factors, including retirements, internal pr
omotions, resignations, and terminations. In 2024, the City filled 16 full-time positions and hired _0_ part-time employees. Human Resources staff reviewed over 1014 applications for full-time positions and _ 0 for part-time positions, demonstrating consistent interest in City employment opportunities.
How
ever, a high volume of applications does not always indicate a strong pool of qualified candidates. The City often receives applications from individuals who do not meet minimum qualifications. Additionally, some qualified candidates choose not to proceed in the recruitment process due to compensation levels that do not align with th eir expectations , competing opportunities, or desired lifestyle.
Employee Separations
In 202
4 , 6 full-time equivalent employees separated from the City of Wasco. The reasons for departure were as follows:
• Retirement
• I
nternal Promotion
• Resignation
• Termination
These separation figures reflect the number of staff who retired, resigned, or terminated during the 2024 calendar year.
Employee Retention
Employee retention remains a central focus of the City’s workforce strategy. In 2024, the City implemented several initiatives aimed at improving employee satisfaction, promoting longevity, and enhancing professional growth. These efforts include:
• Approving Additional Internal Promotion opportunities. 154 of 200
• Working with our Bargaining Unions to negotiate fair and sustainable Cost of Living Adjustment (COLA) increases.
• The implementation of the Additional Payment Factor (APF). • A one-time non-recurring bonus for staff members via ARPA Funding.
City data indicates that employees with shorter tenures are more likely to leave within their first few years of service. This reinforces the importance of robust onboarding and meaningful engagement strategies to support employee retention and long-term success.
Organizational Self-Assessment
As part of its workforce planning and in alignment with AB2561, the City continues to assess internal practices and workforce conditions to identify and address recruitment and retention challenges. Current areas of focus include:
• Exploring new advertising methods and pl atforms, particularly for hard -to-fill positions such as Police Officers, Dispatchers, etc.
• Ensuring that compensation and benefits remain competitive within the region; • Reviewing recruitment best practices and improving the onboarding experience.
This ongoing self-assessment helps position the City as an employer of choice, supports organizational resilience, and ensures the effective delivery of public services.
The City of Wasco is committed to maintaining a skilled and resilient workforce and complying with the requirements of Assembly Bill 2561. This report and public hearing fulfill the requirements of AB2561 and confirm that all bargaining groups are below the 20% vacancy threshold. While vacancy levels remain below the threshold for enhanced reporting, the City will continue to monitor staffing trends, address recruitment challenges, and invest in workforce development.
Fiscal Impact:
There is no fiscal impact to receiving and filing this report Attachments
1. Proof of publication
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Notice of Public Hearing
City Council of the City of Wasco
July 1, 2025
NOTICE IS HEREBY GIVEN that a public hearing wil l be held before the City of Wasco City Council on Tuesday, July 1, 2025, at 6:00 pm or soon thereafter.
PUBLIC HEARING ON VACANCIES TO COMPLY WITH ASSEMBLY BILL 2561
The supporting documents may be v iewed during normal business hours at City Hall , located at 746 8th Street, Wasco, California 93280. Any person wishing to testify on the above before the City Council at their hea ring on July 1, 2025, or may submit written comments on or before July 1, 2025.
If you challenge this this or any aspect of it in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice o r in written correspondence delivered to the City of Wasco City Clerk, 746 8 th Street,
Wasco, California 93280 at or prior to the public hearing.
If you need special assistance to participate in the meeting described in this notice, please contact the City Clerk’s Office at (661) 758- 7215 to make reasonable arrangements to ensure accessibility to this meeting. Requests for assistance should be made at least two (2) days in advance whenever possible.
If you have any questions , you may contact Maria O. Martinez, City Clerk, at (661) 758- 7215.
/s/Maria O. Martinez, City Clerk
Published in the Wasco Tribune, June 19, 2025
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.
TO: Honorable Mayor and Council Members
FROM: M. Scott Hurlbert, City Manager
Nancy Vera, Human Resources Manager
DATE: July 1, 2025
SUBJECT: Adopt a Resolution Approving Amending the Employment Agreement s between Kameron Arnold, Charles V. Fivecoat, Maria Lara, and the City of Wasco.
Recommendation:
Staff recommends the City Council:
1) Staff recommends the City Council approve a Resolution Approving Amending the Employment Agreement s between Kameron Arnold, Charles V. Fivecoat, Maria Lara, and the City of Wasco; and
2) Find that this action is not a project as defined under the California Environmental Quality Act State Guidelines; therefore, pursuant to State Guidelines Section 15378, no environmental review is required.
Environmental Review:
The staff has reviewed the proposed activity for compliance with the California Environmental Quality Act(CEQA) and has determined that the activity is not a “Project” as defined under Section 15378 of the State CEQA guidelines because the proposed activity consists of a governmental fiscal/administrative activity which does not result in a physical change in the environment; therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines, the activity is not subject to CEQA. Thus, no environmental review is required.
Discussion:
The City would like to update Section 9 Letter B No. 2 Letter C of the Employment Agreements identified as Administrative/Executive Leave, to Employee shall be entitled to eighty (80) hours of administrative leave per year which shall be provided on the same terms and conditions as provided to the City’s other executive employees for the Employment Agreement for Direct or-Level staff members Kameron Arnold, Charles V.
Fivecoat, and Maria Lara.
The current language in Employment Agreement for Kameron Arnold “(c) Administrative/Executive Leave. Employee shall be entitled to fifty -six (56) hours of
STAFF REPORT
City of Wasco
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administrative leave per year which shall be provided on the same terms and conditions as provided to the City’s other executive employees. On each anniversary of this Agreement, or in reasonable proximity to same as determined in the sole discretion of the City Manager but not to exceed two weeks of each year, Employee shall be required to “cash out” any accrued but unused administrative leave at his then -current hourly rate of compensation. Following the cash out process, the annual allotment of fifty -six hours will accrue to the administrative leave balance for Employee. In the event of termination of this Agreement, Employee shall be entitled to payment for any unused Administrative Leave at their then-current hourly rate of compensation.”
Current l anguage in Employment Agreement for Charles V. Five coat: “(c) Executive Leave. Effective upon initial hire date and upon each anniversary of this Agreement, Employee shall receive fifty-six (56) hours of Executive leave, which shall be provided on the same terms and conditions as provided to the City’s other executive employees. On each anniversary of this Agreement, or in reasonable proximity to same as determined in the sole discretion of the City Manager but not to exceed four weeks of each year, Employee shall be required to “cash out” any accrued but unused administrative leave at his then -current hourly rate of compensation; however, Employee may not use the “cash-out” process to create a negative leave balance. In the event of termination of this Agreement, Employee shall be entitled to payment for any unused Executive Leave.”
Current l anguage in Employment Agreement for Maria Lara: “(c) Administrative/Executive Leave. Employee shall be entitled to fifty -six (56) hours of administrative leave per year, which shall be provided on the same terms and conditions as provided to the City’s other executive employees. On each anniversary of this agreement, or in reasonable proximity to same as determined in the sole discretion of the City Manager but not to exceed two week s, Employee shall be required to “cas h out” any accrued but unused administrative leave at his/her then-current hourly rate of compensation. In the event of termination of this Agreement, Employee shall be entitled to payment for any unused Administrative Leave.”
Amended to Read: “(c) Administrative/Executive Leave. Employee shall be entitled to eighty (80) hours of administrative leave per year, which shall be provided on the same terms and conditions as provided to the City’s other executive employees. On each anniversary of this agreement, or in reasonable proximity to same as determined in the sole discretion of the City Manager but not to exceed two weeks of each year, Employee shall be required to “cash out” any accrued but unused administrative leave at his then- current hourly rate of compensation. In the event of termination of this Agreement, Employee shall be entitled to payment for any unused Administrative Leave.”
Fiscal Impact:
The additional twenty -four (24) hours of Administrative / Executive Leave will be incorporated into the 2025-2026 Fiscal Year budget.
Attachments:
1. Resolution
2. Amended Agreements
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